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KENTUCKY 



Election Laws 



COMPILED BY 



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BEN L. BRUNER 



Secretary of State 



WITH THE AID AND ADVICE OF THE 



ATTORNEY GENERAL 



SEPTEMBER 1, 1911 



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STATE DEPARTMENT. 

Ben L. Bruner, Louisville, Ky Secretary of State 

Robert A. Cook, Hopkinsville, Ky Ass't. Secretary of State 

CORPORATION DEPARTMENT. 

Will R. Lyon, Horse Cave, Ky Chief Clerk 

J. F. Ramey, Eddyville, Ky Bank Clerk 

Clinton Rigsby, Bowling Green, Ky. . . Copyist 

Josie M. Head, Clarkson, Ky Automobile Clerk 

Minnie L. McDaniel, Louisville, Ky. . Stenographer 

BANK EXAMINERS. ! 

Lon Rogers, Lexington, Ky. 
J. A. Frayser, Owensboro, Ky. 
P. C. Snyder, Glendeane, Ky. 
W. F. Hurt, Lebanon, Ky. 

September 1st, 1911. 



The following are the Secretaries of State since the New 
Constitution went into effect making the office elective by the- 
people 

CHARLES FINLEY, elected 1895-1900. 

CALEB POWERS, elected 1899 and served from 
January to June 13 ; 1900 ; ousted by contest. 

C. B. HILL succeeded in contest, served from June 
13, 1900, to January, 1904. 

H. V. McCHESNEY, elected 1903-1908. 

BEN L. BRUNER, elected 1907— 



KENTUCKY STATUTES 

G0VEHNIN3 

ELECTIONS 



(Act of June 30, 1892.) 

ARTICLE I. 

General Provisions, 

§ 1437. Meaning of the word election. Whenever in this 
chapter the word "election," or an equivalent expression, is 
used in reference to a State, district, county or municipal elec- 
tion, it shall be deemed to include the decision of questions 
submitted to the qualified voters as well as the choice of offi- 
cers by them. 

§ 1438. Powers of sheriff, deputies and acting officers. 
Whenever a duty is imposed upon or a power confided to a 
sheriff in reference to an election, the same shall apply to any 
other officer or person acting as such concerning an election, 
and to the deputies of the sheriff, such other officer or person, 
in the same manner as if the duty were imposed upon or the 
power confided expressly to such other officer, person or depu- 
ties, except that, in canvassing the returns or giving the cast- 
ing vote in the election of a county judge to fill a vacancy, no 
deputy shall act without the express written authority of the 
principal. 

§ 1439. Qualification of voters. Every male citizen of the 
United States of the age of twenty-one years, who has resided 
in the State one year, and in the county six months, and in the 
precinct in which he offers to vote sixty days next preceding 



6 KENTUCKY ELECTION LAWS. 

the election, is a voter in said precinct and not elsewhere; but 
the following persons are excepted and shall not have the- 
right to vote. (See Con., sec. 145.) 

1. Persons convicted in any court of competent jurisdiction 
of treason or felony or bribery in an election, or of such high 
misdeameanor as the General Assembly may declare, shall' 
operate as an exclusion from the right of suffrage ; but persons 
hereby excluded may be restored to their civil rights by execu- 
tive pardon. (Con., sec. 150.) 

2. Persons who, at the time of the election, are in confine- 
ment under the judgment of a court for some penal offense. 

3. Idiots and insane persons. (See U. S. naturalization law? 
page 32.) 

§ 1440. Soldier, seamen and marines — not deemed residents. 
No person in the military, naval or marine service of the 
United States shall be deemed a resident of this State by rea- 
son of being stationed within the same; nor shall any such 
soldier, seaman or marine have the right to vote. (Con., sec. 
146.) 

§ 1441. Municipal elections — payment of poll-tax. At all 
municipal elections, where the charter of a municipality re- 
quires the payment of a poll-tax as a prerequisite to vote, the 
payment of said tax shall be a condition precedent to said 
right. 

§ 1442 Definition of "officers of election/' "Officer of 
election," as used in this chapter, means a judge, clerk or 
sheriff, or person acting as sheriff at an election, also a mem- 
ber of the board -for canvassing the returns. 



ARTICLE II 

Precincts. 

§ 1443. Election precincts — number of voters in — redivis- 
ion — change of voting place. The county court of each 
county in this State shall, on or before the August term of 
said courts, divide the justices' districts of each of said counties 
into election precincts, and establish the name or number and 
boundaries of same, and place of voting in each precinct. 



KENTUCKY ELECTION LAWS. J 

There shall be but one voting place in a precinct. Each pre- 
cinct shall contain, as nearly as practicable, three hundred 
voters, based on the number of votes cast at the last election for 
Presidential electors; but no precinct shall contain more than 
three hundred and fifty voters. If at any election hereafter 
more than three hundred and fifty votes shall be cast at any 
voting place, it shall be the duty of the sheriff of the election 
in such precinct to report the same to the county court, which 
shall, at its next regular term divide such precinct as equally 
as possible, so that the new precincts formed thereof shall each 
contain three hundred voters, as nearly as practicable. If for 
any good cause, an election can not be held at the house ap- 
pointed as the place of voting, the judges of the election may, 
on the morning of the election, adjourn it to the most conven- 
ent place, after having publicly proclaimed the change and 
posted notice of the same on said house. 

§ 1444. Power of county court to change boundaries or di- 
vide precincts. The county court of any county may change 
the boundaries of any precinct within such county or divide 
any precinct into two or more precincts, or consolidate two or 
more precincts into one, or change any place of holding elec- 
tions whenever public convenience or the public good may re- 
quire it : Provided, That no such change, division or consolida- 
tion shall be made after the June term of each court next pre- 
ceding an election: And provided, further, That no such 
change, division, or consolidation shall be valid without giv- 
ing due notice, at least one month before any election, by one 
publication in the newspaper published in said county having 
the largest circulation therein or by posters put up in four of 
the most public places in said precinct: And provided, fur- 
ther, That no precinct shall be enlarged so as to contain more 
than three hundred and fifty voters. 

§1445. Towns or cities with corporate limits in several 
counties — ballots — mode of conducting and certifying election. 
In any town or city of the fifth or six class, where corporate 
limits include parts of two or more counties, the clerk of the 
county court of each of such counties, in addition to the bal- 
lots prepared for the State, county, district or precinct elec- 
tions, shall prepare a ballot-book of similar form and requi- 
sites for the use of voters who reside in that part of such town 



8 KENTUCKY ELECTION LAWS. 

or city that lies in his county, at every election at which muni- 
cipal officers for such town or city are required to be chosen, 
or at which any question is to be submitted to the voters of 
such town or city. Only the names of such persons as are can- 
didates for municipal officers in such town or city, or questions 
submitted to the voters of such town or city, shall be placed or 
printed on said ballots, and then only in conformity with, and 
in pursuance of, the regulations of this chapter, or other laws 
relating to the preparation of ballots and applicable to the elec- 
tion at which they are to be used. The officers of the election of 
the county precinct embracing a part of the territory within the 
corporate limits of such town or city, in addition to the bal- 
lots for State, county, district or precinct, shall furnish to each 
voter residing in such town or city, and, entitled to vote at the 
precinct for municipal officers, or upon a municipal question 
submitted to the voters of such town or city, a ballot prepared 
as herein provided for such municipal election, which ballot 
the voter will mark and fold in the same manner and at the 
same time, and deliver to the proper officer of the election in 
the same manner and at the same time as is required in re- 
spect to the State, county, district or precinct ballots, and the 
same shall be deposited by the officer in the ballot-box with the 
other ballots. The officers of the election shall count and dis- 
pose of such municipal ballots at the same time, and shall cer- 
tify and return the result thereof in the same manner as of the 
other ballots. It shall be the duty of the canvassing board of 
elections of the respective counties embracing parts of such 
town or city, to "make duplicate written certificates over their 
signatures of the number of votes given in the county for 
municipal officers, or upon questions submitted to the voters 
of such town or city, one copy to be retained in the clerk's 
office of such county, and the other to be sent immediately by 
mail by said canvassing board to the canvassing board of the 
county, embracing a part of such town or city having the 
largest population, which last named board shall, between the 
hours of ten and twelve o'clock in the morning of the first 
Tuesday after the election, meet in the clerk's office of their 
county, compare the certificates of the canvassing boards of the 
several counties, and therefrom give triplicate certificates of 
election, in writing, over their signatures, of the persons who 



KENTUCKY ELECTION LAWS. 9 

■appear to have received the highest number of votes for offi- 
-cers of such town or city, one copy of the certificate to be re- 
tained in the clerk's office, another delivered to the clerk of the 
hoard of council of such town or city, and the other forwarded 
to the Secretary of State. The certificate of the votes on any 
question submitted to the voters of such town or city shall be 
delivered as provided by the law or ordinance under which the 
vote was taken. Such town or city shall pay the expenses of 
preparing the ballots for such municipal election. (Section 
as amended by act of March 15, 1894. See, further, sec, 
1596a, sub-sec. 5.) 






ARTICLE III. 

Elections, How Conducted. 



§ 1446. Secret ballot, except in school elections. In all 
^elections hereafter held in this State on any subject which may 
by law be submitted to a vote of the people, and for all or any 
State, district, county or municipal officers, except school trus- 
tees and other common school district elections, the voting 
shall be by secret official ballots, printed and distributed as 
hereinafter provided, and no other ballots shall be used. 
(Election of School Trustees, sec. 4t4c34t; Con., sec. 147.) 

§ 1451. Vacancy in office of sheriff or disability — who to 
act. If the office of sheriff is vacant, or if the sheriff, or his 
deputy, is a candidate at any election, all his duties pertain- 
ing to that election shall be performed by the coroner and such 
deputies as he may appoint for that purpose. If the coroner 
is absent, or his office vacant, or he is a candidate, then such 
duties of the sheriff shall be performed by some person ap- 
pointed for that purpose by the presiding judge of the county 
-court, and the deputies of such person. 

§ 1452. Ballots, printing and delivery — hoiv paid for. 
The printing and delivery of the ballots and cards of instruc- 
tion to voters hereinafter described shall, in municipal elec- 
tions, be paid for by the several cities respectively; and in all 
other elections the printing of the ballots and cards of instruc- 
tions for the voters in each county, and the delivery of them 
to the several voting precincts, shall be paid for by the several 
••counties respectively. 



10 KENTUCKY ELECTION LAWS. 

§ 1453. Ballots — how names of candidates placed on — de- 
vice indicating party — powers and duties of county clerk. 
The county clerk of each county shall cause to be printed on 
the respective ballots the name of the candidates nominated 
by the convention of primary election of any party that cast two* 
per cent of the total vote of the State at the last preceding 
general election, as certified to the said clerk by the presiding 
officer and secretary of said convention, or in the case of a pri- 
mary election by the secretary and chairman of any district, 
committee ; and also the names of any candidates for any office, 
when petitioned so to do by electors qualified to vote for such 
candidates, as follows: For a State officer, or any officer for- 
whom all the electors of the State are entitled to vote, one 
thousand petitioners; for a Representative in Congress from 
any congressional district, or any other district except as here- 
in provided, four hundred petitioners; for a county officer or 
member of the General Assembly, one hundred petitioners; 
for an officer of a precinct, or any other ward, or other division 
less than a county, twenty petitioners. The signatures of such 
petition need not be appended to one paper, but no petitioner 
shall be counted except his residence and postoffice address be 
designated. Such petition shall state the name and residence 
of each of such candidates ; that he is legally qualified to hold 
such office; that the subscribers desire, and are legally quali- 
fied, to vote for such candidate; and shall designate a brief 
name or title of the party or principle which said candidates 
represent, together with any simple figure or device by which 
they shall be designated on the ballot. The certificate of 
nomination by a convention or primary election shall be in 
writing, and shall contain the name of each person nominated, 
his residence and the office to which he is nominated, and 
shall designate a title for the party or principle which such 
convention or primary election represents, together with any 
simple figure or device by which its list of candidates may 
be designated on the ballots ; said certificate shall be signed by 
the presiding officer and secretary of such convention, or by 
the chairman and secretary of the county, city or district 
committee, who shall add to their signatures their respective 
place of residence, and acknowledge the same before an officer 
duly authorized to administer oaths. If the certificate of 






KENTUCKY ELECTION LAWS. H 

nomination of any State convention shall request that the fig- 
ure or device selected by such convention be used to designate 
the candidates of such party on the ballots for all elections 
throughout the State such figure or device shall be used until 
changed by request of a subsequent State convention of the 
same party. Such device may be any appropriate symbol; 
but the coat of arms or seal of the State, or of the United 
States, the national flag, or any other emblem common to the- 
people at large, shall not be used as such device. A certificate 
of such acknowledgment shall be appended to such instru- 
ment. In case of death, resignation or removal of any candi- 
date subsequent to nomination, unless a supplemental certifi- 
cate or petition of nomination be filed, the chairman of the 
State, county or city district committee shall fill such vacancy. 
Certificates and petitions of nomination of candidates for all 
offices to be filled by the electors of a county, or a division or 
district of the county, shall be filed with the county court 
clerk: Provided, however, That if any political party en- 
titled to nominate by convention shall in any case fail to do 
so, the names of all nominees by petition for any office who 
shall be designated in their petition as members of, and candi- 
dates of, such party, shall be printed under the device and 
title on the ballots as if nominated by a convention. Certi- 
ficates and petitions of nomination of candidates for offices to 
be voted for by the electors of the State, other than members 
of the General Assembly, or of any division or district of the 
State exclusively, shall be filed with the Secretary of State. 
In the event two or more persons who have filed certificates of 
nomination with the said Secretary of State or county clerk 
shall claim to be the nominee of the same political party the 
governing authority of said political party shall designate, in 
writing, to said Secretary of State and county clerk which of 
said candidates shall be entitled to the party emblem: Pro- 
vided, however, If there be two or more contending executive 
committees of the same party in the county or district, then 
that county or district, executive committee which is recog- 
nized by the State governing authority of such party, by the 
written certificate of the chairman thereof, shall be recognized 
by the county clerk and Secretary of State. (This section is- 



12 KENTUCKY ELECTION LAWS. 

sec. 1 of an act of October 16, 1900, and, as it covers every part 
of the original section, it is inserted as a substitute for it.) 

§ 1454. Certificate and petition of nomination — candidate's 
name placed on ballot. If any certificate or petition of nomi- 
nation shall contain the name of more than one candidate for 
any office to be filled, neither name shall be printed as a can- 
didate for such office. If any person shall join in nominating, 
by petition, more than one nominee for any office to be filled, 
such person shall not be counted as a petitioner for either 
nomination. If any person has been nominated as a candi- 
date for any office by convention, and also as a candidate for 
the same office by petition, his name shall be placed on the 
ballot but once, to-wit: In the list of candidates nominated by 
such convention; and the place occupied by his name in such 
petition shall be left blank: Provided, That if such candidate 
shall, in writing, prior to the last day for filing nominations, 
request that his name be printed as nominated by petition, it 
shall be so printed, and shall be omitted from the list nomi- 
nated by the convention. 

§ 1455. Certificates and petitions preserved. The Secretary 
of State and county clerks shall cause to be preserved in their 
respective offices all certificates and petitions of nomination 
filed therein under the provisions of this act for six months 
after the election for which such nominations were made. 

§ 1456. Certificates and petitions to be filed before election. 
Certificates and petitions of nomination filed with the Secre- 
tary of State shall be filed not more than sixty days, and not 
less than thirty days, before the day fixed by law for the elec- 
tion of the persons in nomination. Certificates and petitions 
of nomination herein directed to be filed with the clerk of a 
county shall be filed not more than sixty and not less than fif- 
teen days before election. 

§ 1457. Secretary of State to certify to county clerks names 
of candidates — vacancy in General Assembly. Not less than 
twenty days before the election of such officers as are required 
to file their certificate of nomination with the Secretary of 
State said Secretary of State shall certify to the respective 
county court clerks of the various counties which are entitled 
under the law to participate in the election of the respective 
candidates, the name and place of residence of each candidate 



KENTUCKY ELECTION LAWS. 13 

for each respective office, as specified in the certificates and 
petitions of nomination filed with him, and shall designate 
therein, subject to the provisions of this act, the device under 
which the group or list of candidates, or candidate, of each 
party shall be printed, in the order in which they shall be ar- 
ranged on the ballot: Provided, however, Should a vacancy 
occur in the General Assembly and a writ of election issued to 
fill said vacancy, the petition or certificate of nomination may 
be filed ten days before the day of election, and if filed with 
the Secretary of State shall be immediately certified to the 
proper county court clerks. No writ for the election of a 
member of the General Assembly shall be issued, except so as- 
to enable the sheriff to give notice thereof, as now provided by 
law at least fifteen days before the day of election. {T Ms- 
section is sec. 2 of an act of October 16, 1900, and, as it covers 
every part of the original section, it is inserted as a substitute 
for it.) 

§ 1457a. Penalty against county clerk for failing to print 
ballots correctly. If the county court clerk shall willfully and 
knowingly refuse or fail to have the name of any candidate 
printed upon the official ballot in the manner provided for in 
this act he shall forfeit his office and be guilty of a felony, and,, 
upon conviction, be confined in the penitentiary for not less 
than one year nor more than three years. (This section is- 
sec. 3 of an act of October 16, 1900.) 

§ 1458. Names certified — when not to be printed on ballots. 
The Secretary of State shall not certify the name of a candi- 
date whose certificate of nomination shall have been filed in his 
office who shall have notified him in writing, signed and exe- 
cuted with the formalities prescribed for the execution of an 
instrument to entitle it to record, that he will not accept 
the nomination contained in the certificate or petition of 
nomination. The county clerk shall not cause to be pub- 
lished on the regular ballots, according to section 1460 hereof, 
the name of any candidate whose certificate or petition of 
nomination shall have been filed in his office who shall have 
notified him in like manner that he will not accept the nomi- 
nation. The names of such candidates shall not be included 
in the names of the candidates to be printed in the ballots as 
hereinafter provided. 



14 KENTUCKY ELECTION LAWS. 

§ 1459. Public measure — constitutional amendment — how 
voted for. Whenever a constitutional amendment or other 
public measure is proposed to be voted upon by the peo- 
ple, the substance of such amendment or other public meas- 
ure shall be clearly indicated upon the ballot, and two spaces 
shall be left upon the right of the same, one for votes favoring 
the amendment, or public measure, to be designated by the 
word "Yes," and one for votes opposing the amendment or 
measure, to be designated by the word "No." The elector 
shall designate his vote by a cross-mark thus (X), placed op- 
posite the word "Yes," or the word "No." [Whenever an 
amendment to the Constitution has been adopted by the Gen- 
eral Assembly, the Secretary of State shall cause such proposed 
amendment to be published at least four times in two papers 
of general circulation, published in the State, and shall also 
cause to be published at the same time and in the same man- 
ner the fact that said constitutional amendment will be sub- 
mitted to the voters for their acceptance or their rejection at 
the next general election at which members of the General 
Assembly are to be voted for. Such publications shall be 
made so that the last publications shall be at least ninety days 
preceding the election at which said amendment is to be 
voted on, as provided in sections 256 and 257 of the Constitu- 
tion. It shall be the duty of the Secretary of State to certify 
not less than twenty days before the next general election at 
which members of the General Assembly are to be chosen, to 
the county clerk of each county, the substance of any consti- 
tutional amendment which is to be voted on, and it shall be 
the duty of each county clerk to have the substance of such 
•amendment, as certified by the Secretary of State, indicated on 
the ballot, as provided in this section. The votes cast for and 
against such constitutional amendments shall be counted and 
canvassed and certified to the State Canvassing Board in the 
same manner as the votes cast for any officer elective by the 
votes of the whole State. If it shall be found that a majority 
of the votes cast for and against said amendment are in favor 
thereof, then said amendment shall become a part of the Con- 
stitution. The result of such vote shall be published by the 
Secretary of State in two daily newspapers, of general circula- 
tion, published in this Commonwealth. The expenses of the 



KENTUCKY ELECTION LAWS. 15 

publication herein provided for shall be paid as are the expenses 
of other publications which the Secretary of State is required to 
make in connection with elections.] (Words in brackets added 
to this section by act of May 12, 1897.) 

§ 1460. Ballots — form of — duty of county clerks — effect of 
X mark under device and opposite name of candidate. The 
county clerks of the several counties shall cause the names of 
all candidates of their respective jurisdictions, where nomina- 
tions for any office specified in the ballot have been duly made 
and not withdrawn, in accordance herewith, to be printed on 
one ballot all nominations of any party or group of petitioners, 
as designated by them in their certificate or petition ; or if none 
be designated, under some suitable title and device. If the 
same device for designating candidates be selected by two par- 
ties or group of petitioners it shall be given to the one which 
first selected it, and the clerk shall select a suitable device for 
the other. The arrangement of the ballot shall in general 
conform, as nearly as practicable, to the plan hereinafter 
given, and the devices named and lists of the candidates of the 
various parties shall be printed in parallel columns, in such 
order as the Secretary of State may direct, precedence, how- 
ever, being given to the party which polled the higher num- 
ber of votes for the head of the ticket in the last preceding 
election. The device of each party shall be placed at the 
head of the list of candidates of the party. The device shall 
not be enclosed in a square, but immediately under the device 
shall be placed a circle of one inch in diameter. Immediately 
under it shall be placed the name or title of the party ticket, 
and immediately under the name or title the list of candidates 
of the party, the name of each candidate having immediately 
on its right a small square large enough to contain the cross- 
mark by which the voter is required to designate his vote. 
Underneath the name of each candid te shall be left a blank 
space large enough to contain a written name, and the general 
arrangement shall conform as nearly as possible to the fol- 
lowing : 



16 



KENTUCKY ELECTION LAWS. 



Name of voter Consecutive number 

Residence 






DEMOCRATIC PARTY 

For Govemoi — 

WM. GOEBEL 



For Lieutenant-Governor— 



J. C. W. BECKHAM 



□ 

□ 

□ 
□ 




REPUBLICAN PARTY 

For Governor — 

W. S. TAYLOR 



For Lieutenant-Governor - 



JOHN MARSHALL 



□ 
□ 

□ 
□ 




PEOPLE'S PARTY 

For Governor - 

JOHN G. BLAIR 



For Lieutenant-Governor— 



□ 
□ 

□ 
□ 



(And continuing in like manner as to all candidates to be 
voted for at such elections.) 

Name of voter Consecutive number , 

The secondary stub shall be on the end of the ballot opposite 
to that of the several party devices. 

On the back shall be printed "official ballot," the date of the 
election and fac simile of the signature of the clerk who has 



KENTUCKY ELECTION LAWS. \J 

caused the ballot to be printed. Should any elector desire to 
vote for each and every candidate of one party he shall make 
a cross mark (X) in the circle under the device of said party, 
and the vote shall be counted for all the candidates under said 
device: Provided, however, If a cross-mark (X) be made in a 
circle under a party device and a cross mark (X) be also made 
after one or more candidates of a different party, or parties, the 
vote shall be counted for the candidates so marked, and not 
for the candidates for the same offices of the party so marked, 
but the vote shall be counted for the other candidates of said 
party. (This section is sec. 4 of an act of October 16, 1900, 
and, as it covers fully the original section, it is inserted in its 
place. (See, further, sec. 1471.) 

§ 1461. Ballots to be printed and bound in books — stubs — 
duties of clerk. They shall be printed on the same leaf with 
a double stub, and separated therefrom by a perforated line, 
and shall be bound, with stubs attached thereto, into books, one 
for each voting precinct, which book shall contain at least fifty 
per cent more ballots than the votes cast at such precinct at 
the preceding election; except in precincts where registration 
is required, the books shall contain as many ballots as there are 
registered voters therein, with a reasonable number added to 
supply ballots that may be spoiled. Upon the covers of such 
books shall be printed the designation of the precinct for which 
the ballots have been prepared, and on the inside of one of the 
covers of the book shall be printed the form hereinafter given 
for the election return. The main stub shall be printed as 

follows: Consecutive numbers, (after these words 

the consecutive numbers shall be printed, beginning with one 
and increasing in regular numerical order) ; name of voter, 

• (after these words the clerk shall set down the 

voter's name) . In all precincts where registration is required, 
in addition to the foregoing, there shall be printed on the 

main stub as follows: Residence, (after this word 

the clerk is to set down the voter's residence or registered num- 
ber). 

§ 1462. Ballots, how printed — duties of Secretary of State 
and county clerks — penalties. All ballots shall be printed 
on plain white paper, sufficiently thick that the printing can- 
2 



18 KENTUCKY ELECTION LAWS. 

not be uioanguished from the back, which paper shall be of 
number one white book paper, and when 26 by 40 inches shall 
weight 80 pounds to the ream, or if double cap 40 pounds to 
the ream ; and, except in elections for a municipal office, shall 
be furnished to the county court clerk by the Secretary of 
State, and it shall be the duty of the county clerk to notify the 
Secretary of State thirty days before the day of election of the 
size and the number of ballots which shall be necessary for 
said county, estimating fifty per cent more to the precinct 
than there were ballots cast at the last preceding State elec- 
tion, and the Secretary of State shall furnish the paper as here- 
in provided within ten days after said notification by the 
county court clerk. If upon any ticket there be no candidate 
or candidates for a designated office a blank space equal to 
the space that would be occupied by such name or names, if 
they were printed thereon, with the blank spaces herein pro- 
vided for, shall be left. Should the Secretary of State fail or 
refuse to so furnish said paper for the ballots he shall be guilty 
of a misdemeanor, and upon trial and conviction by indict- 
ment in the Franklin Circuit Court be fined not less than one 
thousand ($1,000) dollars and not more than five thousand 
($5,000) dollars, in the discretion of the jury. Provided, 
That in the year 1900 the notice herein provided for to be 
given to the Secretary of State by the county court clerk, shall 
not be given, but immediately after the passage of this act 
and at least fifteen (15) days before the day of the next en- 
suing election the Secretary of State shall furnish to the vari- 
ous county court clerks the paper upon which the ballots shall 
be printed, which shall be of the quality as herein provided, and 
each county shall be furnished fifty per cenlj more ballots 
than were cast in the respective counties at the last preceding 
State election. Provided, however, That the clerks of the 
various counties of the State shall furnish the paper of the 
kind and weight as herein provided for the ballots, in the year 
nineteen hundred if the Secretary of State does not furnish 
same twelve (12) days before the day of the next ensuing 
election. Said clerk shall be subject to the same penalties pre- 
scribed for failure to print on paper furnished by the Secre- 
tary of State, if he fails to have ballots printed on the kind and 
■quality of paper as set out herein. (This section is sec. 5 of 



KENTUCKY ELECTION LAWS. 19 

'an act of October 16, 1900, and, as it fully covers the original 
-section, is inserted in place of it.) 

§ 1462. Penalty against county clerks for failure of duty 
respecting ballots. If any county court clerk shall refuse or 
fail to have ballots, which are herein required to be printed 
•on paper furnished by the Secertary of State, printed upon 
paper so furnished by said Secretary, he shall be fined five 
hundred dollars, or imprisoned in the county jail for six 
months, or both so fined and imprisoned. (This section is sec. 
6 of an act of October 16, 1900.) 

§ 1463. Penalty for violations of law by printer of ballots. 
If the printer of such ballots, or any person employed in print- 
ing the same, shall give or deliver, or knowingly permit to be 
taken, any of said ballots, by any person other than the 
county clerk for whom such ballots are being printed, or shall 
print or cause or permit to be printed any ballot in any other 
form than the one prescribed herein, or with any other names 
thereon, or with the names spelled or the names and devices 
thereon arranged in any other way than that authorized and 
directed by the said clerk, he shall be guilty of felony, and, on 
•conviction thereof, shall be imprisoned in the State peniten- 
tiary not less ihan three nor more than ten years 

§ 1464. Death, removal or withdrawal of candidates — hoiu 
■other names placed on ballot — pasters. In case of the death, 
removal or resignation of any candidate after the printing of 
such ballots, and before such election, it shall be lawful for the 
chairman of the State, district or county political organization 
of which such candidate was a member to make a nomination 
to fill such vacancy, and to provide the election clerk of each 
precinct in which such candidate is to be voted for with a num- 
ber of pasters containing only the name of such candidate, at 
least equal to the number of the ballots provided each pre- 
cinct; but no pasters shall be given to, or received by, any one 
except such clerk, and it shall be the duty of said clerk to put 
one of such pasters, in a careful and proper manner, and in 
the proper place, on each ballot before he shall sign his name 
thereon. 

§ 1465. Ballots, stubs, and other utensils to be furnished by 
vlerk. It shall be the duty of the county court clerk to cause to 
~he printed, bound and ready for distribution one book of stubs 



20 KENTUCKY ELECTION LAWS. 

and ballots for each voting precinct in his county, and shall 
furnish fifty per cent more ballots for each precinct than there- 
were votes cast in said precinct at the last State or National 
election. He shall also have made for each voting precinct in bis> 
county one metal stamp at least one inch in diameter, which 
shall be known as the county election seal. It shall have upon 
it the word "election" straight across the center; the name of 
his county around the circle inside the rim above the word 
"election," and the name of the precinct for which it is made 
around the circle inside the rim below the word "election," to- 
gether with one stick of best sealing wax, such as is used by the 
United States Government and by express companies for seal- 
ing packages containing money. He shall also have made for 
each precinct in his county one adjustable linen envelope suffi- 
ciently large to hold all the ballots that may be voted at such 
precinct, with a gummed seal on the back thereof, and a place- 
on the point of the seal for the county election seal. He shall 
also have made one linen envelope for the purpose of holding 
the tally sheet, with a gummed seal on the back thereof, and 
a place on the point of the seal for the county election seal- 
He shall also have made one adjustable linen envelope suffi- 
ciently large to hold all the ballots of which there is any doubt 
or difference of opinion in the minds of the judges concerning 
their legality or regularity. He shall deliver said ballot book 
and ballots, together with the election seal for the different 
precincts and the two large and one small linen envelopes for 
holding the ballots and tally sheet, and all necessary black ink 
stencils, sample ballots and cards of instruction as herein pro- 
vided, to the clerks of such precincts and take their receipts for 
the same. One of such ink stencils shall be safely placed in 
the booth, the other preserved by the clerk, to be used in case- 
any are lost, stolen or destroyed. Should any person steal or 
willfully destroy either of said stencils, or any of the election 
supplies required to be furnished herewith, he shall, upon 
conviction, be fined not less than fifty dollars nor more than 
two hundred dollars, and be confined in the county jail not less 
than one nor more than six months. (This section is sec. 9 of 
an act of October 16, 1900, and, as it fully covers the original 1 
section, is inserted in its place.) 

§ 1466. Cards of instruction — duty of county clerk and at- 



KENTUCKY ELECTION LAWS. 21 

iomey. The county clerk and county attorney of each 
•county shall cause to be printed in large type on cards, in- 
structions for the guidance of electors in preparing their bal- 
lots. They shall furnish eight of such cards to each of the 
election clerks at the same time they deliver to him the ballots 
for his precinct. Each clerk shall cause to be posted one of 
each of said cards in each place or booth provided for the pre- 
paration of ballots, and not less than three of each of such 
-cards and three sample ballots about the polling place, and not 
nearer thereto than fifty feet, at the opening of the polls on the 
•day of election, which sample ballots shall be printed on differ- 
ent colored paper than the genuine ballots. Said cards shall 
■contain full instructions to the voters as to what must be done: 

1. To obtain ballots for voting. 

2. To prepare the ballots for voting. 

3. To obtain a new ballot in place of one accidentally de- 
faced, mutilated or spoiled, and the method of obtaining as- 
sistance; also copies of section 1482, and sections 1566, 1567 
and 1568. 

§ 1467. Voting places — booths — duties of sheriff. It shall 
be the duty of the sheriff in each county, before each election, 
to secure in each precinct of the county a suitable room in 
which to hold the election, and to have placed therein suffi- 
cient number of booths or compartments in which electors 
shall mark their ballots, screened from observation. The 
number of such booths shall not be less than one to every one 
liundred voters, and one for every fraction of one hundred 
voters exceeding fifty who voted at the last preceding election 
in such precinct. Each booth shall have three sides inclosed, 
one side in front to open and shut by a door, swinging out- 
ward, or to be closed with a curtain; and each booth shall be 
about six feet high and about three feet square, and shall 
-contain a shelf at least one foot wide at a convenient height for 
writing, and the door or curtain shall extend to within two 
feet of the floor, which shall be closed while the voter is pre- 
paring his ballot, and such booths shall be well lighted. 
Booths shall be so arranged that all the officers of election can 
see whether more than one voter enters any of such booths at 
one time; and the sheriff of election, in each precinct, shall 
have the care and custody of said booths, and may direct in 



22 KENTUCKY ELECTION LAWS. 

whose custody they shall remain after an election. No per- 
son, other than the election officers and the challengers allowed 
by law, and those admitted for the purpose of voting as herein- 
after provided shall be permitted within said room while the 
vote is being polled, except by authority of the election officers* 
to keep order and enforce the law. The expense of roorrn and 
booths shall be paid in the same manner as other election ex- 
penses. 

i^ 1468. Ballot boxes — character of — duties of sheriff. It 
shall be the duty of the sheriff of each county, or the officer 
acting for him when, for any cause, the sheriff can not act, 
to provide for each precinct or voting place in the county, and 
at the expense of the county, to be paid out of the county 
funds upon order of the county court and allowed by the fiscal 
court, a strong and well-made ballot box, sufficiently large to 
contain all the ballots to be cast at the precinct or voting place 
to which it is sent; such box to have on it a lid, working on 
hinges, and provided with two locks of different kinds and 
combination, so that the key of the one will not unlock the- 
other. An aperture, sufficient only for the insertion of a sin- 
gle ballot, shall be made in each box. Such box shall, not less 
than three days before the day for holding an election, be, by 
the sheriff or other officer acting for him, delivered to the offi- 
cers of the election in each precinct or voting place. The 
officers of the election, before the voting begins, shall see that 
no ballots are in the box, and shall thereupon securely lock 
the box and give one key to each of the judges; and the box 
shall not be again opened until the polls are closed; and the* 
officers are ready to immediately proceed with the counting. 

§ 1469. Hours of election. The polls shall be opened at 
six o'clock in the forenoon, and kept open continuously up 
to and closed at four o'clock in the afternoon of the same day; 
and before receiving the ballots of any elector, the officers of 
election shall cause to be proclaimed that such election is 
opened. (Section as amended by act of October 18, 1900; 
Con. } sec. 148.) 

§ 1470. Persons not voting to keep from polls — oath of 
challenger. No person, other than the election officers, shall 
remain wit bin fifty feet of the polls, except when voting: Pro- 
vided, That each political party may appoint one challenger 



KENTUCKY ELECTION LAWS. 23 

for each precinct, who shall be entitled to stay in the room 
or at the door thereof. Such challenger shall be appointed in 
writing by the chairman of the county or other local commit- 
tee of their political party, and shall produce written appoint- 
ments on demand of any of the officers of election. Each chal- 
lenger shall take the following oath : "You do solemnly swear 

(or affirm) that you will faithfully and impartially discharge 
the duties as official challenger, assigned by law ; that you will 
not cause any delay to persons offering to vote, further than is 
necessary to procure satisfactory information of the qualifica- 
tion of such person as an elector, and that you will use no 
means to influence any voter, and that you will not disclose or 
communicate to any person how any elector has voted at such 
election. (See, as to inspector, sec. 1481, and as to duty of 
election officer, sec. 1481a.) 

§ 1471. Manner of voting — duties of officers — voting for 
person not on ballot. Any person desiring to vote and legally 
entitled to vote at such election shall give his name and resi- 
dence to the clerk holding the ballots, who shall write the 
same upon the main stub of the ticket in the blank places 
provided therefor. Such officer shall then mark upon the 
secondary stub the elector's registered number in all precincts 
in which a registration law is in force, and in all other pre- 
cincts the elector's full name, and the stub-book for this pur- 
pose shall take the place of a poll-book. The clerk shall then 
detach the ballot, with the secondary stub attached, from the 
main stub, and write his own name on the back thereof, and 
hand it, thus indorsed to the elector. The clerk shall give him 
one, and only one, ballot, and on request of voter shall give ex- 
planation of the manner of voting. On receipt of his ballot 
the elector shall forthwith, and without leaving the room, re- 
tire alone to one of the voting booths, as provided, and shall 
prepare his ballot by marking in the appropriate square a cross- 
mark (X) immediately following the name of the candidate 
of his choice for such office to be filled, and in case of a ques- 
tion submitted to the vote of the people, by marking in the 
appropriate square a cross-mark (X) against the answer which 
he desires to give. Should any elector desire to vote for each 
and every candidate of one party, he shall make a cross-mark 

(X) in the large square embracing the device and preceding 



24 KENTUCKY ELECTION LAWS. 

the title under which the candidates of said party are printed, 
and the vote shall then be counted for all the candidates under 
that title: Provided, however, That if a cross-mark (X) be 
made in the large square including the device of such party, 
and a cross-mark be also marked in the square after the name 
of one or more candidates of a different party or parties, the 
vote shall be counted for the candidates so marked, and not for 
the candidates for the same office of the party so marked; but 
the vote shall be counted for the other candidates under such 
party names or designation. If the elector mark more names 
than there are persons to be elected to an office, or if, for any 
reason, it is impossible to determine the voter's choice for an 
office to be filled, his ballot shall not be counted for such office. 
No ballot shall be rejected for any technical error which does 
not make it impossible to determine the voter's choice. Noth- 
ing in this law contained shall be so construed as to prevent 
a voter from voting for any qualified person other than those 
whose names are printed on the ballots for any office to be 
filled, by writing with black lead pencil, under the designation 
of the office, the name of such person and placing to the right 
of such name a (X) mark. All marking upon the ballots 
shall be made with black ink stencil. There shall be kept in 
each booth the necessary stencils and pencils, to be securely 
fastened by a string or cord of sufficient length to enable voters 
to use the same. (Parts of this section are repealed by sec. 
1460; see and compare.) 

§ 1472. Delivery of ballot by voter to judge — secondary 
stub retained. Before leaving the voting booth the elector 
shall fold his ballot without displaying the marks thereon, ex- 
cept the indorsements and the fac simile of the signature of 
county clerk and the signature of election clerk must be dis- 
closed. He shall deliver to one of the judges the ballot, who 
shall detach the secondary stub bearing the elector's registered 
number or name, and deposit the ballot in the ballot-box. 
The secondary stubs shall be preserved until the polls are 
closed, and shall then be destroyed before the ballot-box is 
opened. He shall mark and vote his ballot without undue 
delay, and shall leave said room as soon as he has voted. No 
such elector shall be allowed to occupy a voting booth already 
occupied by another, or to occupy a voting booth for more than 



KENTUCKY ELECTION LAWS. 25 

three minutes, in case all such booths are in use and electors 
are waiting to occupy the same, or to speak to or converse with 
any one, except as herein provided, while within such room. 
No elector, not an officer of elections, shall be allowed to re- 
-enter said room during said election. No more electors shall 
be allowed to enter within said room at any one time than 
there are voting booths provided. It shall be the duty of the 
judges and sheriff of election to secure the observance of the 
provisions of this section. 

§ 1473. Ballot not voted to be returned — penalty for leav- 
ing room with ballot — defaced ballots. Every elector who does 
not vote a ballot delivered to him by the clerk shall, before 
leaving the polling-room, return such ballot to such clerk ; and 
any voter who shall attempt to leave the room with a ballot 
in his possession shall at once be arrested on demand of either 
of the judges, and shall be fined therefor not less than 
twenty-five nor more than one hundred dollars. If any elec- 
tor spoil or deface a ballot by mistake, so that it can not be 
used, he may return it, and receive in place thereof one other 
ballot; and the fact shall be noted by the clerk by writing the 
'word "spoiled" on the stub and spoiled ballot. {See further, 
as to penalty, sec. 1566.) 

§ 1474. Ballot shown not to be deposited — note on stub 
book — folding ballot. If any elector shall show his ballot, or 
any part thereof, to any other person, after the same shall have 
been marked, so as to disclose any of the candidates voted for, 
such ballot shall not be deposited in the ballot-box. A minute 
-of such occurrence shall be made on the stub-book, and such 
persons shall not be allowed to vote thereafter. If a voter 
shall offer to vote a ballot so folded as not to disclose the in- 
dorsement thereon, including the signature of the election 
clerk, the judges shall direct him to return to the booth and 
fold his ballot properly. 

§ 1475. Illiterate, blind and disabled persons — penalty for 
false declaration. Any elector who declares, on oath, that, by 
reason of inability to read the English language, he is unable 
to mark his ballot, may declare his choice of candidates or 
party ticket to the clerk, in the presence of the judges, sheriff 
and challengers and the elector, shall, with his pencil, mark a 
•dot in the appropriate place for the cross-mark, to indicate the 



26 KENTUCKY ELECTION LAWS. 

choice of the elector. The clerk shall then fold and deliver 
the ballot to the elector, and instruct him to retire to the booth 
and there mark his ballot by making a cross-mark either in the* 
squares showing dots or any other squares he may desire. In 
all other respects he shall vote as is required of other electors. In. 
case any person applying to vote is blind, and shall so declare 
on oath, the clerk shall be allowed to mark his ballot for him 
in the presence of the other officers of election, and the chal- 
lengers allowed by law ; or, in case any person shall be so physi- 
cally disabled as to be unable to mark his ballot and shall so de- 
clare, on oath the clerk shall have the right to mark his ballot as- 
in the case of a blind person applying to vote. Any one making 
a false declaration under this provision of this section shall,, 
upon conviction, be fined in any sum not exceeding fifty 
dollars, and be disfranchised for a period of two years; and 
any clerk who shall willfully deceive any elector in marking: 
any ballot, or willfully mark the same in any other way than 
as requested by said elector, shall be guilty of felony, and, up- 
on conviction, shall be imprisoned in the penitentiary for not 
less than two nor more than five years. 

§ 1476. Officer shall not deposit ballots — penalty for de- 
facing or marking. No judge or other officer of election 
shall deposit any ballot upon which the fac simile signature of 
the county clerk, and the name of the election clerk, as here- 
inbefore provided, do not appear, or any ballot on which 
appears externally any distinguishing marks, defacing or mu- 
tilation. If any officer of election, or other person entrusted 
with the custody or control of any ballot or ballots, either be- 
fore or after they have been voted, shall in any way mark, 
mutilate or deface any ballot or place any distinguishing mark 
thereon, either for the purpose of identifying the same (except 
by numbering protested ballots for future reference) or for 
the purpose of vitiating the same, he shall be guilty of a 
felony, and, on conviction, shall be imprisoned in the State 
penitentiary not more than ten nor less than five years, and 
fined in any sum not exceeding two thousand dollars. (See 
sec. 1573.) 

§ 1477. Challenges — how qualification of voter determined. 
If a person offering to vote is not personally known to one of 
the judges or the sheriff as a qualified voter, he shall be inter- 



KENTUCKY ELECTION LAWS. 27 

rogated, under oath administered by one of the judges or the 
clerk, as to his qualification. If, from the statement so made, 
he appears to be qualified, he shall be admitted to vote, unless 
his right is disputed by one of the judges, the sheriff, or one 
of the challengers. If so disputed, the judges shall hear wit- 
nesses, not exceeding two in number on each side, as to his 
qualifications, and decide as may appear right from the proof 
and the statements of the party. The word "sworn" shall 
be written on the stub-book under the name of every one so 
voting, which entry shall be prima facie evidence of such 
swearing in any prosecution under this law. Any voter of the 
precinct may send a written notification, over his own signa- 
ture, of challenge to the right of any person or persons to vote, 
setting forth the reasons thereof to the judges of election, and 
such person or persons may be challenged as herein provided. 
§ 1477a. Printed oaths — voter may be required to swear — ■ 
penalties against voter and election officer. The officer who 
furnishes the ballots to the election officers of the precincts 
shall, at the time he delivers said ballots, furnish to the elec- 
tion officers aforesaid a number of copies of the following oath, 
equal to five per cent of the ballots furnished said precinct, 
which shall be printed on paper suitable for writing with ink, 
to-wit : 

State of Kentucky, | 

County of j 

"I do solemnly swear that I am of the age of not less than 
twenty-one years; that I have resided in the State of Ken- 
tucky one year and in the county of six months, 

and in precinct No sixty days next preceding the 

election, A. D. 19 ... . I reside at No 

street (if said person claims to reside in a city). My two 

nearest neighbors are , and that I have never been 

convicted in any court of treason or of any felony or bribery 
and not pardoned therefor, and that I know of no legal dis- 
qualification which should prevent my vote from being cast 
and counted at this election. 



28 KENTUCKY ELECTION LAWS. 

"This the .... day of , A. D., 19 . . . . 



"Subscribed and sworn to before me this the .... day of. 
, A. D., 19.... 

"Judge of the Election." 

Whenever the officers of election disagree as to the qualifi- 
cation of any one who offers to vote, one of the judges of the 
election shall administer the oath prescribed in the form set 
out in this section, and shall correctly fill out with ink the 
blanks in, and require the person offering to vote to subscribe 
his name thereto, with pen and ink, and upon his failure or re- 
fusal to take said oath and to subscribe his name thereto the 
person so offering to vote shall not be permitted to vote. If the 
person offering does take said oath and subscribe his name 
thereeto and no counter affidavit is filed, he shall be permitted 
to vote, and one of the judges shall certify the same, and the 
oath so subscribed and certified shall be returned to the county 
clerk of the county with the poll books, who shall safely keep 
the same and shall deliver the same to the foreman of the 
grand jury on the first day of the next term of circuit court 
held in said county, and for his failure to do so he shall be 
fined not less than ten nor more than one hundred dollars. It 
shall be the duty of the Commonwealth's attorney and 
county attorney to investigate each of these certificates and 
•cause to be summoned before the grand jury such witnesses as 
they, or either of them, shall determine proper, and it shall 
be the duty of the grand jury to make a thorough investiga- 
tion of all votes so cast, and return indictments against all per- 
sons so illegally voting. 

Any person who shall falsely take the oath prescribed in 
this section, or shall subscribe his name to the oath therein pre- 
scribed, if said oath shall be false and untrue as to any state- 
ment therein, shall be deemed guilty of felony, and shall, on 
'Conviction, be confined in the penitentiary not less than two 
nor more than ten years. 

It shall be the duty of the foreman of the grand jury to re- 
turn all the certificates upon which no indictments shall be 
found to the county clerk who shall safely keep the same as a 



KENTUCKY ELECTION LAWS. 29" 

part of the records of the office, and shall produce them, or any 
of them, when required, to any subsequent grand jury. 

Any election officer who shall fail or refuse to perform any 
of the duties imposed by this section shall, upon conviction, 
be fined not less than fifty nor more than two hundred and fifty 
dollars, or be confined in the county jail not less than thirty 
days nor more than six months, or be both fined and impris- 
oned, in the discretion of the jury. (This section is sec. 8 of an 
act of October 16, 1900.) 

§ 1478. Residence of voter — rules for determining. The 
following rules shall be observed in determining the residence 
of a person offering to vote, so far as may be applicable. 

1. That shall be deemed his residence where his habitation 
is, and to which, when absent, he has the intention of return- 
ing. 

2. He shall not lose his residence by absence for temporary 
purposes merely; nor shall he obtain a residence by being in 
a county or precinct for such temporary purposes, without the- 
intention of making the county or precinct his home. 

3. By removal to another State or county, with intention 
to make his permanent residence there, he loses his former 
residence. 

4. So, also, he loses his residence here by removal to and 
residence in another State, with intention to reside there an 
indefinite time, or by voting there, even though he may have 
had the intention to return here at some future period. 

5. The place where the family of a married man resides 
shall generally be considered his residence, unless the family 
so resides for a temporary purpose. If his family is perma- 
nently in one place, and he transacts his business in another, 
the former shall be his residence. 

§ 1479. Citizenship — questions by judges. If a person is 
objected to as not being a citizen, in addition to any questions 
the judges may think proper to ask, the following shall be put 
to him : 

1. Have you resided in this State one year and in this 
county six months immediately preceding this election? And 
have you resided in this precinct sixty days next preceding this 
election ? 

2. Have you been absent from this State within the year 



30 KENTUCKY ELECTION LA AYS. 

immediately preceding this election? And if so, did you, 
while absent, consider this State as your home, or did you 
while absent, vote in another State? {See, further, sec. 
1477a.) 

§ 1480. Residence in county or 'precinct. If the person is 
objected to as not a resident of the county or precinct in which 
he offers to vote, then, in like manner, the following questions 
shall be put to him : 

1. When did you last come into county (or precinct) ? 

2. When you came into this county (or precinct), did you 
come for a temporary purpose merely, or for the purpose of 
making it your home? 

3. Did you come into this county (or precinct) for the 
purpose of voting in it? {See, further, sec. 1477a.) 

§ 1481. Representative of party may be present at count of 
votes. The county, executive committee of each party having 
a ticket to be voted at an election may designate a suitable 
person to be present at, witness and inspect the counting of the 
vote in each precinct, who shall be admitted to said voting 
place; but no other person except the election officers shall be 
admitted to the said polling place before or after the count be- 
gins, except as provided by law. (As to challenge, see sec. 
1470.) 

§ 1481a. Challenger or inspector — penalty for refusing to 
admit. If any election officer at any precinct shall refuse to 
permit any challenger or inspector of any regular political 
party having a ticket to be voted for at the election, who has 
been duly appointed and presents a certificate thereof duly at- 
tested, to perform his duties as challenger or inspector, as the 
case may be, he shall be fined not less than fifty nor more than 
five hundred dollars. (This section is sec. 7 of an act of Octo- 
ber 16, 1900.) 

§ 1482. Counting votes — duty of officers respecting ballots 
and boxes and keys — vote to be announced. As soon as the 
polls are closed on the day of the election, and without ad- 
journment or separation of the officers, they shall, in the vot- 
ing room, open the ballot-box and immediately count the bal- 
lots and make a tally sheet of the count. When the result of 
the ballot is ascertained it shall be immediately announced by 
one of the judges in front of the voting room. All the ballots 



KENTUCKY ELECTION LAWS. 31 

which have been counted, and over which there is no question 
of regularity, shall consecutively be placed on a string, to be 
furnished by the county court clerk, as near as possible in the 
middle of the ballot, and when the count is completed the bal- 
lots so strung shall be wrapped twice around each way with the 
string upon which the ballots are strung, and tied in a hard 
knot, and the knot shall then be sealed with sealing wax and 
stamped with the county election seal by the judges of the 
election, in the presence of the clerk and sheriff, while the 
wax is hot, so that the impression of the county election seal 
can be plainly read: Provided, That if there are any ballots 
cast and counted or left uncounted, concerning the legality or 
regularity of which there is any doubt or difference of opinion 
in the minds of the judges of the election, said ballots shall be 
placed in the large linen envelope furnished by the county 
court clerk for that purpose and sealed up, and across the seal 
thereof the officers of the election shall plainly write their 
names, and at the point of the seal indicated for that purpose 
the judges of the election shall, in the presence of the clerk 
and sheriff, place the county election seal in hot wax, as above 
described, so that it can plainly be read, and the same be re- 
turned to the clerk of the county court with the returns of the 
election, for such judicial or other investigation as may be 
necessary, with a true statement as to whether they have or 
have not been counted, and if counted what part and for 
whom. The tally sheet shall be placed in the linen envelope fur- 
nished for that purpose and sealed up separately, and across 
the seal thereof the judges of the election shall plainly write 
their names, and at the point of the seal indicated for that 
purpose, the judges of the election shall, in the presence of 
the clerk and the sheriff, place, with wax, as above required, 
the county election seal. After the certificates have been 
prepared and signed, and delivered as required by law, 
by the officers of election, then the ballots that have been 
counted and tied and sealed, as above required (and none 
other) , together with the tally sheet, after it has been stamped 
and sealed, as above required, shall all be placed in the 
large adjustable linen envelope prepared and furnished for 
that purpose, then the said envelope shall be sealed and across 
the seal thereof the officers of the election shall each write his 



32 KENTUCKY ELECTION LAWS. 

name in a plain and legible hand and the judges shall, in the- 
presence of the clerk and sheriff, at the point on the seal of 
said envelope indicated for that purpose, place the county 
election seal in hot wax, as above described, so that it can be- 
plainly read, and the envelope so sealed shall then be placed 
in the ballot-box and securely locked with the two locks herein- 
before required to be furnished, and the keys to said ballot-box 
and the county election seal shall then be placed in the posses- 
sion of the judge of the opposite political faith to that of the 
sheriff of election, and the sheriff of the election shall then 
take possession of said ballot-box containing the ballots and tally 
sheet, and also take possession of the stub-books containing the 
certificate of election and the envelopes containing the spoiled 
and mutilated and uncounted and questioned ballots. And the- 
judge of election holding the keys to the ballot-box and county 
election seal shall go with and accompany the sheriff of election,, 
within two days thereafter, for which he shall receive the same 
compensation as the sheriff of election now receives by law 
for delivering the poll books and election returns to the 
county court clerk's office, and shall, in the presence of each 
other, deliver to the county court clerk the ballot-box and the 
poll books, certificates, and the envelope containing the 
spoiled, mutilated and questioned ballots, and the keys to the 
ballot-box, together with the county election seal, and the 
county court clerk shall then and there, in the presence of the 
said sheriff and judge, unlock the ballot-box and ascertain if 
the package containing the ballots and tally sheet is properly 
sealed, according to the requirements herein, and if it is he 
shall then issue his receipt in duplicate for said ballot-box and 
ballots, one to the sheriff and one to the judge, which shall be 
in form as follows, or as near as can be to conform to the 
facts : 

FORM OF RECEIPT. 

Received of , sheriff of election for pre- 
cinct, the ballot-box, and of , judge of the election of 

said precinct, the keys to said ballot-box and the county elec>v 
tion seal for said precinct. I hereby certify that I find upon 
examination, in the presence of said officers, that the package 
in said box is properly sealed and stamped, according to law; 



KENTUCKY ELECTION LAWS. 35 

that I have replaced said package in said ballot-box and re- 
locked the same, and delivered to each of them a key to said 
ballot-box, and t o the judge of the election, the county 
seal of election, and taken their receipt for same. The 
clerk, after having satisfied himself as to the condition of 
said ballots, shall again replace said ballots in the ballot-box 
and relock said box in the presence of the judge and sheriff, 
and then and there deliver to each of them a key to said box, 
and the seal of election to the judge who gave it to him, and 
take their receipt therefor. The form of receipt shall be, as 
near as can be to conform with the facts, as follows : 

Received of , clerk of county court, one 

key each to the ballot-box that has been delivered to him this 

day , by , sheriff of election in 

precinct, county, Kentucky, after having first seen 

him unlock said ballot-box and examine the package therein, 
and finding it to be sealed and stamped according to law, and 
that we saw him replace said package in said ballot-box and 
relock the same, and , judge of election, hereby ac- 
knowledges receipt of the county election seal for his precinct 
this day of , 1900. 



Judge of Precinct. 

Sheriff of Precinct. 

The judge and sheriff shall retain said keys for the period of 
six months, at which time, if there has not been a contest filed, 
then they shall deliver said keys to the county court clerk, to- 
gether with the county election seal, and it shall be his duty to 
destroy said ballots: Provided, however, If there be a contest 
filed then the judge and sheriff of the different precincts, who 
hold the keys to the ballot-box of their respective precincts, 
shall, upon notice of the filing of the contest, deliver the keys 
to the judge of the court having jurisdiction to try the contest, 
and the officer so holding the county election seal shall then 
d 'iver the same to the county court clerk. (This section is 
sec. 10 of an act of October 16, 1900, and, as it fully covers the 
original section, it is inserted in its place.) 
3 



34 KENTUCKY ELECTION LAWS. 

§ 1482a. Unused ballots to be destroyed — certificate. At 
close of the polls and before the ballot-box is open, the officers 
of election shall count the remaining ballots that have not 
been used and tear them from the book and destroy them by 
burning, and in their certificate of the result of the election 
they shall certify how many ballots were not used and de- 
stroyed. (This section is sec. 11 of act of October 16, 1900.) 

§ 1483. Certificate of officers on stub-book — duplicates — 
duty of officers. The form of the return to be made on the 
inside of the cover of the stub-book shall be substantially as fol- 
lows: State of Kentucky, county, election held on 

the day of , eighteen , in pre- 
cinct. Number of ballots counted as valid, ; number 

of ballots questioned or rejected, ; number of ballots 

marked "spoiled," ; whole number of ballots cast, 

; number of votes received for Governor, by 

; number of votes received for Lieutenant-Governor, 

by (and so for other State and county offi- 
cers) ; number of votes on question of , voted yes, 

; voted no, . 

We, the judges, sheriff and clerk of election, at the precinct 
above mentioned, certify that the above is a correct return of the 
election held therein on the day aforesaid. 

, Judge. 

, Judge. 

, Clerk. 

, Sheriff. 

Any witness to the count or inspector, as provided in section 
1481, may demand from the officers a duplicate, to be signed 
in like manner, and each judge shall retain another duplicate, 
which may be used as proof in case of loss or destruction of the 
original; and for this purpose each precinct clerk shall be fur- 
nished with a sufficient number of blank returns by the county 

• clerk. When the foregoing requirements have been complied 
with, the judges shall deliver the stub-book containing the fore- 
going returns, together with the undestroyed ballots, inclosed 

: in an envelope, to the sheriff of election before they separate. 

. [Part of this section is repealed by sec. 1482; see and compare.)] 
§ 1484. Sheriff to preserve order and act as umpire. In ad- 



KENTUCKY ELECTION LAWS. 35 

dition to the other duties provided herein, it shall also be the 
duty of the sheriff of each precinct to preserve order at the 
polls and enforce the provisions of the election law, under the 
direction of the judges; and when the judges disagree, the 
sheriff shall act as umpire between them. 



ARTICLE IV. 

Registration in Certain Cities and Towns. 

1486. Cities and towns of first, second, third and fourth 
In all cities and towns of the first, second, third and 
fourth classes there shall be a registration of all the qualified 
voters of the respective cities and towns, which registration 
shall be held and conducted as herein provided, (Con., sec. 
147.) (By an act of February 11, 1904, this section tuas 
■umended by adding fifth and sixth class towns, but an act of 
March 17, 1908 repealed the act of 1904.) 

§ 1486a. Registration to be held in toivn — if voting place 
is outside. Whenever there may exist in this Commonwealth 
-one or more incorporated cities or towns within a voting pre- 
cinct, and the regular voting place is outside of said city or 
town, then it shall be the duty of the officers holding the 
registration for such incorporated city or town to hold same 
within said city or town. ( This section is an act of March 21, 
1906.) 

§ 1487. Officers of registration — term and oath of office — 
non-attendance or vacancy supplied. The officers of election 
in the several election precincts of the respective cities and 
towns mentioned in the preceding section shall be the officers 
of registration in such precincts, and shall serve as such for 
one year from the time of their appointment as officers of elec- 
tion; and each officer of registration, before entering upon the 
discharge of his duties, shall take an oath, before some person 
duly authorized to administer same, to faithfully discharge the 
duties of his office. Should the county court fail to appoint 
such officers of election as provided in section 1447, or should 
all the officers appointed in any precinct fail to attend at the 
place of registration for one hour after the time for commenc- 
ing the registration, or refuse to act, then the county judge, 



36 KENTUCKY ELECTION LAWS. 

sheriff or county clerk, or either of them that can be founds 
shall appoint officers to act in their stead for that registration m r 
but should one or two officers be in attendance, he or they may 
fill vacancies for the purpose of conducting that registration,, 
and may administer the necessary oaths of office. 

§ 1488. Officers to preserve order — challenging right to- 
register — certificate of registration. Officers of registration 
shall have the same power to preserve order at the places of 
registration as is exercised by sheriffs of election at the polls. 
If the officers of registration entertain any doubt as to whether 
or not any person offering for registration is entitled to such 
registration, or if any one's right to register is challenged, citi- 
zens may be called in, not exceeding three in number, who shall 
be examined touching the qualifications of such person or per- 
sons who offer to register. The officers of registration shall is- 
sue a certificate of registration to each voter registering at the* 
time he registers, showing that he has registered, and the date- 
of his registering, and no person, who is required to register un- 
der the provisions of this act, shall have the right to vote at any 
election held in this Commonwealth until he shall have pre- 
sented to the election officers his certificate of registration. 

Any person who has registered and whose certificate of regis- 
tration has been lost or otherwise destroyed, after the registra- 
tion books containing his registration have been filed with the- 
clerk of the county court, may, upon filing his affidavit before 
the county court clerk, showing that fact, obtain a duplicate- 
certificate of registration, and upon filing such an affidavit be- 
fore the county court clerk, it is hereby made the duty of the 
said clerk to issue said certificate, for which he may charge the 
applicant a fee of fifty cents, and the said certificate shall entitle 
the person named therein to vote as if issued by the officers of 
registration, and for the purpose of better enabling the officers 
of registration to carry out the provisions of this act, it is here- 
by made the duty of the county court clerk to furnish with the- 
registration books, as in this act required, a sufficient number 
of printed certificates of registration to meet the requirements 
of this act, for which he shall be paid a reasonable compensa- 
tion out of the county levy of the county. All laws and parts 
of laws in conflict herewith are hereby repealed. (Section as 
amended by act February 11, 1904.) 



KENTUCKY ELECTION LAWS. 



37 



§ 1489. Registration book — duties of county clerk. It 
shall be the duty of the county clerk of each county contain- 
ing any city or town of either of said classes mentioned in sec- 
tion 1486 to prepare the proper forms, and cause to be printed 
two registration books for each precinct in said city or town. 
In cities where additional days are required for registration, he 
shall prepare an additional registration book for each addi- 
tional day, one of which shall be kept in his office, to be used 
as provided in section 1494, and the other furnished to the 
•clerks of registration and election before each registration or 
election day, as hereinafter provided. Said books shall be so 
arranged as that the names of voters may be registered alpha- 
betically, and shall be ruled and headed as follows: {See sec. 
1555 as to registering party affiliation.) 



Name. 



tf 


X 


Z ( 


~) 


V 


n 


a 

GO 

a* 
n 
3 
o 
o 






:> 


o 


3 

cr 


3 
cr 


I 


< 
n 

3 


53* 


o 


o 




cr 
a 








^ 


3 












n 


po 




o 


3 




















B' 


PL. 




o 








o 






3 

































Remarks 



§ 1491. Additional registration — expense of. Where any 
city shall provide for additional registration day or days, said 
city shall pay all expenses of same, at the same rate as provided 
for herein by the county. 

§ 1492. Alien may register — rights after registration. 
Any alien possessing all the qualifications of a voter named in 
section 1439 of article one of this chapter, except citizenship, 
shall be entitled to be registered ; but the clerk shall write oppo- 
site to his name, in the column headed ^Remarks," the words 
"Not naturalized," and such alien will not be entitled to vote, 
at any election held under that registration, unless he shall 
produce to the officers of election his naturalization papers in 
•due form of law. 

§ 1493. Duties of respective officers. In making the regis- 
tration, the clerk shall act as the recording officer, and the 
judges shall decide all questions relating to the qualifications 



38 KENTUCKY ELECTION LAWS. 

of persons offering to be registered, except that, in case of a 
difference of opinion between the judges, the clerk shall have 
the casting vote. It shall be the duty of the clerk to number,, 
consecutively, the names recorded under each letter of the al- 
phabet as they are taken down; and at the close of the regis- 
tration each day he shall sign his name as clerk after the last 
name recorded under each letter, as aforesaid, in such man- 
ner as that no more names can be recorded above his, and 
shall foot up and certify, in the back of the registration book,, 
the whole number of names recorded at that registration on 
said day, and this certificate shall be signed by all the officers 
of registration before leaving the place of registration, and in 
the presence of bystanders, any two of whom may, if they de- 
sire, sign their names as witnesses thereto. In addition to the 
requirements above, the clerk shall sign his name, as such clerk, 
at the foot of each page. 

§ 1494. Custody of registration books — copies. On the day 
following the close of each registration day each clerk shall de- 
liver the registration book into the hands of the clerk of the 
county court, or one of his deputies, and shall take his receipt 
therefor. It shall be the duty of such county clerk- to keep 
said books safely in his office ; and not to suffer the same to be 
taken therefrom except as provided herein. When additional 
registration days are provided in any city, a new registration 
book shall be furnished by the county clerk for each and every 
day of such registration, and on return to him he shall copy 
the same in his blank book as soon as returned, marking dis- 
tinctly each day's registration. He shall also cause to be made 
one copy of each registration book in the blank book retained 
by him, as provided in section 1489 of this article, which shall 
be kept in his office, and not to be taken therefrom for any pur- 
pose. In case of loss of any registration book a copy shall be 
made by the county clerk from the copy retained in his office, 
which copy shall be used in registrations and elections with the 
same effect as the original. The clerk shall permit any citi- 
zen at any time to copy any registration book without fee or 
charge, and he shall also furnish copies at the same rate as 
provided in section 1506 for copying the book kept in his of- 
fice. Copies furnished to citizens under this section shall be 
paid for in cash by the person ordering them. 



KENTUCKY ELECTION LAWS. 39 

§ 1495. Special registration — election ordered. When air 
election or vote is ordered to be held or taken in any county 
containing any city or town belonging to either of said classes, 
at any other time than the regular November election, then the 
county judge, or other officer so ordering said election or vote, 
shall, at the same time, fix a day for the registration of those 
persons entitled to vote thereat whose names have not been re- 
corded on the registration books of that year, and shall require 
the same to be published in like manner as the time and place 
of said election or vote are required to be published. Regis- 
trations under this section shall be known as Special Registra- 
tions, and any person so registered shall be entitled to vote at 
all elections held prior to the next general registration. Reg- 
istrations prior to special elections shall be held not less than 
five days prior to the election. 

§ 1496. Special registration — duty of clerk and officers. 
On the day prior to each registration provided for in the previ- 
ous section, the county clerk shall deliver to the registration 
clerks the registration books for their several precincts ; and on 
the day of such registration, the registration officers shall at- 
tend at their several places of registration, and shall register 
the names of all persons appearing before them who may be 
entitled to vote at the election for which the registration is 
held, and whose names are not already on the registry for that 
year. The names shall be recorded immediately following the 
names recorded at the previous registration, and the registra- 
tion shall be conducted and the books returned as provided in 
sections 1493 and 1494 of this article. Immediately after the 
books are so returned, the county clerk shall cause the names 
recorded at that registration to be copied into the book retained 
in his office, as provided in section 1494 herein. 

§ 1497. Removal from precinct — certificate and re-registra- 
tion. Any person removing from one precinct to another, af- 
ter having registered for that year, may apply to the clerk of 
registration of the precinct from which he removes, on a reg- 
istration day, and have his name canceled off by writing op- 
posite to it the word "Removed," and thereupon said clerk 
shall give him a certificate in the following form : 

This is to certify that has removed from tne 



40 KENTUCKY ELECTION LAWS. 

precinct, ward, to the precinct. ward, 

and that his registration has been canceled. 

(Signed) Clerk. 

Upon presenting said certificate to the officers of registration 
of the precinct to which he has removed, he shall be entitled 
to be there registered if he possesses the other qualifications 
named in section 1490 of this article ; and no person so remov- 
ing, after being registered, shall be registered in another pre- 
cinct without the production of such a certificate. 

§ 1498. Absence or sickness during time for registration — 
registration by affidavit. Any person entitled to register who 
was necessarily absent from the city of his residence during 
the days allowed for registration herein, or who was ill during 
said time, or who was unable to attend the place of registration 
on account of sickness of some named member of his family, 
may have his name placed upon the registry for the precinct 
in which he lives, by attending the county clerk's office at the 
time specified in the next section, and making the affidavit be- 
fore the clerk showing the facts required to be stated in the reg- 
istry by section 1489 herein, and showing the absence or sick- 
ness referred to above. 

§ 1499. County clerk to register persons — duties of clerk — 
challenges. On Monday, Tuesday and Wednesday preceding 
the November election in each year such county clerk shall 
receive in a bound book, to be kept by hin> for that purpose, 
4he affidavits provided in the preceding section, and shall place 
the names of persons making such affidavits upon the proper 
registration book, and shall write his name as clerk and date 
of registry, after the name of the person so registered, in the 
column headed "Remarks." Any person present in the 
county clerk's office may challenge the right of any voter to 
register under this section, and thereupon the county clerk 
-shall examine such voter and any witness who may be offered, 
under oath, and shall hear and determine the question of his 
right to register. The duties herein imposed upon the county 
clerk may be performed by his deputy, and he or his deputy 
may administer oaths under this law. 

§ 1500. Penalty for false registration by clerk. Any 
county clerk, or deputy thereof, who falsely or fraudulently 
registers the name of any person, knowing that such person is 



KENTUCKY ELECTION LAWS. 41 

not entitled to be registered, or who registers a name at a time 
•other than that provided in this article, shall, on indictment, 
be deemed guilty of a felony, and punished by confinement in 
the penitentiary not less than one nor more than five years, 

§ 1501. County court may strike name from register — no- 
tice — making name "doubtful." Any voter may, by giving 
five days' notice, in writing, to any person whose name has 
been registered, move the county court to strike his name from 
the register, and both parties may introduce witnesses, not ex- 
ceeding two in number, on each side. Said notice must be 
served personally. If, at the hearing, the court shall be of the 
-opinion that the person registered is not lawfully entitled to 
register, it shall direct the clerk to strike his name from the 
register, by inserting opposite to it the words: "Stricken off by 
order of the county court." If the person upon whom notice 
is attempted to be served can not be found, the clerk shall 
write opposite such name, on the registration book, the word 
'"doubtful," and when, at an election, such person, whose 
name is marked "doubtful," shall offer to vote, he shall be 
sworn, and his right to vote investigated fully. 

§ 1502. Delivery of registration and stub and ballot-books 
to election officers. On the day previous to the November 
election in each year, and on the juridical day previous to 
•every election to be held, or vote of the people to be taken, in 
any county containing city or town belonging to either of said 
classes mentioned in section 1486 herein, the county clerks 
■shall deliver to the clerks of election the registration books for 
their several precincts, together with the book of stubs and bal- 
lots, and furnish sample ballots and cards of instruction, all of 
which shall be produced by said clerks at their several precincts 
when the polls are opened on the day of the election. No vote 
shall be received by the officers of election in any city or town 
belonging to either of said classes, unless the name of the per- 
son offering to vote is on the registry herein provided. The 
■officers of election shall, when a vote is cast, mark opposite to 
the name of the person voting, in the column of the registra- 
tion book provided for that election, the word "Voted," and at 
the close of the election, and before closing or leaving the vot- 
ing place, shall mark opposite the name of each person who has 
mot voted at that election the words "Not voted." The regis- 



42 KENTUCKY ELECTION LAWS. 

tration book shall be returned to the county clerk by the clerk 
of the election the day next succeeding the election. 

§ 1503. Penalty for illegal or double registration. Any 
person who shall cause himself to be registered in more than 
one election precinct [or give a false number of the ward of" 
his residence], otherwise than is provided in section 1497 ofr 
tnis article, or more than once in the same precinct, or who- 
shall cause himself to be registered, knowing that he is not law- 
fully entitled to registration, and any person who shall aid or 
abet in the commission of any of said acts, shall be deemed 
guilty of a misdemeanor, and shall be imprisoned in the* 
county jail not less than one nor more than twelve months. 

§ 1504. Penalty for altering, secreting or destroying regis- 
tration books. Any officer of registration, or other person,. 
who shall unlawfully alter any registration book, or add any 
name thereto, or who shall willfully secrete, suppress or destroy 
any such book, or who shall make or aid in making any false 
or fraudulent registration book, shall be deemed guilty of fel- 
ony, and shall be confined in the penitentiary not less than one- 
nor more than five years, and shall forfeit any office he then- 
holds, and shall forever be disqualified from holding office. 

§ 1505. Penalty for forcibly interfering with registration.. 
Any person who, by himself or in aid of others, shall forcibly 
break or attempt to break up a registration held as provided im 
this article, or shall forcibly prevent, or attempt to prevent, any 
person from approaching or entering a place of registration for 
the purpose of registering, shall be fined not less than one hun- 
dred nor more than five hundred dollars, or imprisoned not less 
than six nor more than twelve months in the county jail, or 
both. 

§ 1506. Compensation of registration officers and county 
clerk. Officers of registration shall receive two dollars per day 
for each day employed in attending at the place of registration. 
The county cerk, for his services under this article, shall re- 
ceive the following fees, and no other: For copying the regis- 
try lists required to be kept in his office, or to be used in sup- 
plying lost books, the sum of two cents for each voter whose 
name is so copied ; for his services under section 1501, the sum- 
of ten cents for the name of each voter stricken off the lists., 
and a like sum for each name registered by him under section'. 



KENTUCKY ELECTION LAWS. 43 

1499. All fees and expenses incurred under this article shall 
be paid as other election expenses. 

ARTICLE VI. 

Time of Holding Elections. 

§ 1514. Presidential electors. The election of electors of 
President and Vice-President shall be held on the Tuesday 
next after the first Monday in November, one thousand eight 
hundred and ninety-two, and on the same day in every fourth 
year thereafter; but the Governor may, by his proclamation, 
appoint the same day in any other year, pursuant to the act of 
Congress, for holding the election, in the event of a vacancy in 
the offices of President and Vice-President. (Con., sec. 148.) 

§ 1515. Congressional. The election of representatives in 
Congress shall be held on the Tuesday next after the first Mon- 
day in November, one thousand eight hundred and ninety-two, 
and on the same day in every second year thereafter. (Con., 
sec. 148.) 

§ 1516. State officers. The election for Governor, Lieu- 
tenant-Governor, Treasurer, Auditor of Public Accounts, Reg- 
ister of the Land Office, Attorney-general, Secretary of State, 
Superintendent of Public Instruction, and Commissioner of 
Agriculture, Labor and Statistics shall be held on the first 
Tuesday after the first Monday in November, one thousand 
eight hundred and ninety-five, and the same day every four 
years thereafter. (Con., sec. 148.) 

§ 1517. Clerk of court of appeals. At the annual election in 
the year one thousand eight hundred and ninety-seven there 
shall be elected by the qualified voters of the State a clerk of tho 
court of appeals, who shall take his office the first Monday in 
September, one thousand eight hundred and ninety-eight, 
and shall hold his office until the regular election in one thous- 
and nine hundred and three ; and on the same day every four 
years thereafter an election shall be held for the clerk of the 
court of appeals. (Con., sec. 148.) 

§ 1518. Circuit judge — Commonwealth's attorney — circuit 
court clerk. At the general election in one thousand eight 
hundred and ninety-two, there shall be elected in each circuit 
court district a judge thereof, and a Commonwealth's attorney,. 



44 KENTUCKY ELECTION LAWS. 

and in each county a clerk of the circuit court, who shall enter 
upon the discharge of the duties of their respective offices on 
the first Monday in January after their election, and shall hold 
their offices five years, and until their successors are elected and 
qualified. An election shall be held in each county, in each 
^circuit court district, for a circuit court judge, Common- 
wealth's attorney and circuit court clerk, on the first Tuesday 
after the first Monday in November, in the year one thousand 
eight hundred and ninety-seven, and on the same day every 
:six years thereafter. (Con., sec. 148.) 

§ 1519. County officers — justices of peace — constables. An 
election shall be held in each county on the first Tuesday af- 
ter the first Monday in November, one thousand eight hundred 
and ninety-four, for judge of the county court, county court 
<?lerk, county attorney, sheriff, county superintendent of com- 
mon schools, members of the fiscal court, jailer, coroner, sur- 
veyor and assessor, and in each justice's district for one justice 
of the peace and one constable, who shall hold their respective 
^offices for the period of three years, and until the election and 
qualification of their successors; and in eighteen hundred and 
ninety-seven, and every four years thereafter, there shall be 
held an election in each county for the officers herein men- 
tioned. The first election for sheriff shall be held in each 
county at the regular election in one thousand eight hundred 
and ninety-two, and the sheriffs elected at this time shall hold 
their respective offices for the period of two years, and until the 
-election and qualification of their respective successors. (Con., 
sec, 148.) 

§ 1520. Officers not otherwise provided for. The election 
of all other officers not otherwise provided for shall be held on 
the first Tuesday after the first Monday in November, and 
thereafter on the same day of each year as the terms of office 
regularly expire. (Con., sec. 148.) 



ARTICLE VII. 

Vacancies — How Filled. 

§ 1521. Vacancy in office — meaning and application of 
term. The term "vacancy in office," or any equivalent phrase, 



KENTUCKY ELECTION LAWS. 4£ 

as used in this article, means such as exists when there is an un- 
expired part of the term of office without a lawful incumbent 
therein, or when the person elected or appointed to an office 
fails to qualify according to law, or when there has been no 
election to fill the office at the time appointed by law. It ap- 
plies whether the vacancy is occasioned by death, resignation, 
removal from the State, county or district, or otherwise. 

§ 1522. Appointment or election — when filled by. If the 
unexpired term will end at the next succeeding annual elec- 
tion at which either city, town, county, district or State officers 
are to be elected, the office shall be filled by appointment for 
the remainder of the term. If the unexpired term will not end 
at the next succeeding annual election at which either city, 
town, county, district or State officers are to be elected, and if 
three months intervene before said succeeding annual election 
at which either city, town, county, district or State officers are to- 
be elected, the office shall be filled by appointment until said 
election and then said vacancy shall be filled by election for the 
remainder of the term. If three months do not intervene be- 
tween the happening of said vacancy and the next succeeding 
election at which city, town, county, district or State officers 
are to be elected, the office shall be filled by appointment until 
the second succeeding annual election at which city, town, 
county, district or State officers are to be elected; and then, if 
any part of the term remains unexpired, the office shall be 
filled by election until the regular time for the election of offi- 
cers to fill said offices. Vacancies in all offices for the State 
at large, or for districts larger than a county, shall be filled by 
appointment of the Governor. No person shall ever be ap- 
pointed a member of the General Assembly. (Con., sec. 152 r 
as to filling vacancies, sec. 3758.) 

§ 1523. Writs of election — proclamation — publication — - 
duty of sheriff and clerk. A writ of election shall be signed by 
the officer or attested by the clerk of the court issuing the 
same, shall designate the day for holding the election, and be 
directed to the proper sheriff or sheriffs. 

1. When an election is to be held to fill a vacancy in any 
office by the voters of the whole State, or of a Congressional or 
judicial district, or other district composed of more than one 
county, a proclamation, signed by the officer authorized to or- 



46 KENTUCKY ELECTION LAWS. 

der the same, shall be used and stand in lieu of a writ of elec- 
tion. 

2. Such proclamation, when for the whole State, shall be 
published, at least thirty days before the election, in two news- 
papers printed at the seat of government; and when for such 
district, at least twenty days before the election, in two news- 
papers printed in the district — if there are such papers printed 
at the seat of government or in the district. A copy of a proc- 
lamation for a district election shall also be forwarded by mail 
to the sheriff of each county in the district twenty days before 
the election. 

3. Immediately on receipt of a writ of election or proclama- 
tion of election, or other sufficient information thereof, the 
sheriff shall give notice thereof by advertisements, posted at the 
court-house door and the several places of voting, and pub- 
lished in some newspaper printed in the county, if any such 
there be. 

4. No writ for the election of a county officer, a representa- 
tive or senator, shall be issued, except so as to enable the 
sheriff to give such notice at least eight days before the elec- 
tion. 

5. A writ of election from the county court shall be delivered 
to the sheriff by the clerk thereof immediately after it is or- 
dered. Other writs of election or proclamations shall be for- 
warded by the officer issuing them to the sheriff by mail. If, 
from any cause, the sheriff can not properly act, he shall im- 
mediately hand the writ or proclamation to the person author- 
ized to act in his place. 

§ 1524. General Assembly — who to issue writ. When a 
vacancy happens in either branch of the General Assembly 
•during its session, the presiding officer of the House in which 
the vacancy occurs shall issue the writ of election ; if the Gen- 
eral Assembly is not in session, the writ shall be issued by the 
Governor. 

§ 1525. Governor — office of — who to issue writ. When a 
vacancy happens in the office of Governor, requiring an elec- 
tion, the proclamation shall be issued by the Chief Justice; or 
if he is absent from the State or unable to act, by one of the 
associate justices. 

§ 1526. County officers — who to issue writ. A vacancy in 



KENTUCKY ELECTION LAWS. 47 

*the office of sheriff, coroner, surveyor, county court clerk, 
•county attorney, jailer, county superintendent of common 
schools, county treasurer, constable, assessor, or members of the 
fiscal court shall be temporarily filled by the county court un- 
til the successor shall have been elected as provided in section 
1522 of this article, and shall have qualified. A writ of elec- 
tion to fill the vacancy shall be issued by the county judge ; or, 
if he is absent from the county, by the county clerk; but if 
the vacancy be in his office, then by the circuit clerk, if the 
county judge be absent from the county. {See, further, as to 
filling vacancies, sec. 3758.) 

§ 1527. Justice of the peace — ivho to issue writ. A vacancy 
in the office of justice of the peace shall be filled by the appoint- 
ment of the county court temporarily, until the successor shall 
have been elected, as provided in section 1522 of this article, 
and shall have qualified; and a writ of election shall be issued 
as provided in the preceding section. (Governor fills vacancy, 
see sec. 3758.) 

§ 1528. Commonwealth's attorney and circuit clerk — who 
to issue writ. A vacancy in the office of Commonwealth's at- 
torney or circuit court clerk shall, in like manner, be tempo- 
rarily filled for the same time by the circuit judge of the dis- 
trict, who shall also issue the writ of proclamation for an elec- 
tion to fill the remaining vacancies. (Governor fills vacancy, 
sec. 3758.) 

§ 1529. County judge — vacancy filled by Governor. When a 
vacancy shall occur in the office of a county judge, it shall be the 
duty of the clerk of the county court to issue a summons di- 
rected to the sheriff or any constable of the county, commanding 
him to summon the justices of the peace of said county to con- 
vene at the court-house on a day to be named in the summons, 
which day shall not be less than ten nor more than twenty 
days after issuing of said summons ; and a majority of the jus- 
tices of said county being present, shall proceed to fill said va- 
cancy until his successor shall have been elected, as provided 
in section 1522 of this article, and shall have qualified. If a 
majority of the justices are not present on the day named in 
the summons, then those present shall adjourn from day to day 
until a majority can be had. A writ of election, as provided 
in section 1523, shall be issued *by the clerk of the county, 



48 KENTUCKY ELECTION LAWS. 

directed to the sheriff of the county, who shall give notice, as- 
provided in section 1523, and hold an election at the next an- 
nual election. 

1. The justices shall convene at ten o'clock in the morning 
of the day named, or as soon thereafter as may be, and at the 
same hour every succeeding day, Sunday excepted, until the 
vacancy is filled. 

2. A majority of the justices shall be a quorum to fill the 
vacancy, and their written certificate thereof shall be handed 
to and preserved by the clerk of the court. 

3. In case of a tie, after ten ballots, the sheriff shall give the 
casting vote. (Governor fills vacancy, see sec. 3758.) 

§ 1530. Resignations — how and to whom tendered. All 
resignations of office shall be tendered to the court or officer 
who is required to fill the vacancy. All such resignations 
shall be in writing, and received and recorded by said court or 
officer. When it is required to be filled by the circuit judge 
he shall cause a record to be made of the resignation in the 
court of that county in which the officer lives ; and when by the 
county court it shall cause a record of the fact to be made ; and 
when by the Governor he shall cause the same to be recorded in 
the executive journal. 



ARTICLE VIII. 

Contested Election and Appeals from Decision of Board. 

§ 1531. Governor and Lieutenant-Governor — contesting 
board — how formed — proceedings. (This section has been re- 
pealed by act of October 24, 1900 — see sec. 1596a, sub-sec. 8 — 
and is omitted.) 

§ 1532. Member of General Assembly — contesting board. 
When the election of a member of the General Assembly is 
contested, that branch thereof to which he belongs, within 
three days after its organization, shall in like manner select a 
board of not more than nine nor less than five of its members 
for determining the contest, which board shall be governed 
by the same rules, have the same power, and be subject to the 
same penalties, as would the board to determine the contested 
election of Governor, and shall report its decision to that 



KENTUCKY ELECTION LAWS. 49 

branch of the General Assembly by which it was appointed for 
its further action. (Con., sec. 38.) 

§ 1535. Notice of contest of member of General Assembly — 
proceedings. No application to contest the election of an offi- 
cer shall be heard, unless notice thereof in writing signed by 
the party contesting, is given. 

1. The notice shall state the grounds of the contest, and 
none other shall afterward be heard as coming from such 
party; but the contestee may make defense without giving 
counter-notice. 

2. In the case of an officer elective by the voters of the 
whole State, or any judicial district, the notice must be given 
within thirty clays after the final action of the board of can- 
vassers. In the case of a Senator or Representative, it must be 
given within fifteen days ; and in that of any other office, with- 
in ten days after such action. 

3. Immediately after such notice, either party may proceed 
to take proof by depositions, under the same rules and regula- 
tions that govern the taking of depositions in actions in equity, 
except that no commission shall be required for taking a depo. 
sition out of the State. The depositions shall be sealed up by 
the officer taking them, and directed to the board having 
power to decide the contest, or to the clerk of the Senate or 
clerk of the House of Representatives, as the case may require. 

4. Such depositions properly taken shall be read as evidence 
before that branch of the General Assembly, or the board hav- 
ing jurisdiction of the case; but the former can, in its discre- 
tion, call for and hear other proof. 

5. The taking of depositions to be used before the General 
Assembly, or either branch thereof, shall close ten days before 
the next meeting thereof, or, if in session when the notice is 
given, not until it is ordered to close ; if before a county board, 
it shall close three days, and if before the other board, six days 
before the day of hearing. 

6. The case shall be heard by a county board on the fourth 
Monday after the service of notice; and by the other board 
the eighth Monday after such service ; but either may, for good 
cause, allow further time. 

7. The costs of the proceeding shall be adjudged against the 
4 



50 KENTUCKY ELECTION LAWS. 

unsuccessful party, and a certificate thereof given by the 
board, or by the clerk of either branch of the General Assem- 
bly, as the case may require. A judgment for the same may 
be obtained after five days' notice in a circuit or county court. 
(This section was partially repealed by act of October 24, 1900. 
See section 1596a, sub-section 12. But in so far as it relates to 
members of the General Assembly it is yet in force.) 

ARTICLE IX. 

Compensation of Officers of Elections. 

§ 1540. Cost allowed by fiscal court of county. The cost of 
all elections held in any county shall be allowed by the fiscal 
court of such county, and paid by the county treasurer, except 
as otherwise provided by law. (Costs of municipal election, 
sec. 1452.) 

§ 1541. Pay of officers of election. Officers of election 
shall receive pay as follows : Judges, two dollars each ; sheriffs, 
two dollars each; clerks, two dollars each. In all elections to 
fill vacancies, the same fees. For delivering election returns 
the sheriff and judge, whose duty it is to accompany him, shall 
also receive eight cents for each mile necessarily traveled from 
the place of voting to and from _ the place of delivery. The 
fiscal court shall, at its regular October term, provide for the 
payment of all election officers of the ensuing November elec- 
tion, which payment shall be made out of the levy of the year 
in which the services are rendered, or out of any money in the 
hands of the treasurer or sheriff not otherwise appropriated. 
(Section as amended by act of March 19, 1908.) 

§ 1542. County clerk's fee for certificate — fees of witnesses 
and officers. The clerk of the county court shall have twenty- 
five cents for each certificate of election or appointment of an 
officer, to be paid by the person receiving it. The compensa- 
tion to witnesses and officers taking depositions, and their 
powers and duties, in cases of contested elections, shall be the 
same as in actions in equity. 



KENTUCKY ELECTION LAWS. 51 

ARTICLE X. 

Electors of President. 

§ 1543. Meeting at Capitol — time of. The electors of Pres- 
ident and Vice-President of the United States shall convene in 
the Capitol, at the seat of government, at ten o'clock in the 
morning of the second Monday in January after their election, 
give their votes at or after twelve o'clock, and make return 
thereof according to law. 

§ 1544. Elector not attending — place filled. If, from any 
cause, one or more of the electors elected fails to attend, as be- 
fore directed, by twelve o'clock of that day, those in attendance 
shall fill the place of those absent by the election of another 
person or persons, who shall have the same powers as if origi- 
nally elected by the people for that purpose. 

§ 1545. Compensation and mileage. Each elector of Pres- 
ident and Vice-President of the United States, for each day he 
attends at the seat of government as an elector, shall receive 
the same per diem and mileage as may at the time be allowed 
to a member of the General Assembly, to be paid as other 
claims upon the treasury. {Compensation, see sec. 370.) 

ARTICLE XL 

United States Senator — how and when elected — when Governor 

may appoint. 

§ 1546. Election of senator by the General Assembly. The 
Legislature which shall be chosen next preceding the expiration 
of the time for which any Senator was elected to represent this 
Commonwealth in Congress shall, on the second Tuesday after 
the meeting and organization thereof, not counting the Tues- 
day on which the General Assembly convenes, proceed to elect 
& Senator in Congress, in place of such Senator going out of 
office, in the following manner: Each House shall openly, by 
viva voce vote of each member present, name one person for 
'Senator in Congress from said State ; and the name of the per- 
son so voted for who shall have a majority of the whole number 
of votes cast in each House shall be entered on the Journal of 
*each House by the clerk or secretary thereof; but if either 



52 KENTUCKY ELECTION LAWS. 

House fail to give such majority to any person on said day ? 
that fact shall be entered on the Journal. At twelve o'clock, 
meridian, of the day following that on which proceedings are 
required to take place, as aforesaid, the members of the two- 
Houses shall convene in joint assembly, and the Journal of 
each House shall be read ; and if the same person shall have re- 
ceived a majority of all the votes in each House, such person 
shall be declared duly elected Senator to represent said State in 
the Congress of the United States ; but if the same person shall 
not have received a majority of the votes in each House, or if 
either House shall have failed to take proceedings, as required 
by this section, the joint assembly shall then proceed to choose, 
by viva voce vote of each member present, a person for the pur- 
pose aforesaid; and the person having a majority of all the 
votes of said joint assembly, a majority of all the members 
elected to each House being present and voting, shall be de- 
clared duly elected ; and in case no person shall receive any such 
majority on the first day ,the joint assembly shall meet at twelve 
o'clock meridian, of each succeeding day during the session of 
the Legislature, and take at least one vote until a Senator shall 
be elected. (Section as amended by act of March 21, 1906.) 

§ 1547. Vacancy — when filled by General Assembly. When- 
ever, on the meeting of the Legislature of this State, a vancacy 
shall exist in the representation of said State in the Senate of 
the United States, said Legislature shall, on the second Tuesday 
after the commencement and organization of its session, not 
counting the Tuesday on which the General Assembly con- 
venes, proceed to elect a person to fill such vacancy, in the 
manner herein provided for the election of a Senator for the- 
full term; and if a vacancy shall happen during the session 
of the Legislature, then such election shall be had on the second 
Tuesday after the Legislature shall have been organized, and 
shall have notice of the vacancy, not counting the Tuesday on 
which the Legislature convenes. (Section as amended by act of 
March 21, 1906.) 

§ 1548. Vacancy — when filled by appointment of Governor. 
If a vacancy in the representation of this Commonwealth in the 
Senate of the United States shall, by resignation or otherwise, 
happen during the recess of the General Assembly, the Gover- 
nor of the Commonwealth may fill such vacancy by the ap- 



KENTUCKY ELEGTION LAWS. 53 

pointment of some person qualified and eligible to the office, 
who shall be the senator for the Commonwealth of Kentucky 
in the Congress of the United States until the General Assembly 
shall again meet and elect a senator to fill such vacancy. 

§ 1549. Certificate of election. It shall be the duty of the 
Governor to certify the election of the person so chosen or ap- 
pointed, under the seal of the State, to the President of the 
•Senate of the United States, which certificate shall be counter- 
signed by the Secretary of State. 



ARTICLE XII. 

Primary Elections. 

§ . 1550. Definition of primary election. A primary election, 
within the meaning of this article, and as used in this chapter, 
is an election held within the State, county, city, district or sub- 
division thereof, as the case may be, by the members of any 
political party, or by the voters of some political faith, for the 
purpose of nominating candidates for office. 

§ 1551. How election conducted. All primary elections 
held in this Commonwealth by the various political parties 
shall be held and conducted in the same form and manner and 
under the same requirements as are or shall be provided by 
law for the holding of regular State elections, except in such 
particulars as are herein excepted. 

§ 1552. Offenses against — penalties. Any act or deed de- 
nounced an offense by the general laws of the State concern- 
ing elections shall also be an offense in all primary elections, 
.and shall be punished in the same form and manner as is pro- 
vided for the punishment of similar offenses by the general 
laws; and all the penalties and provisions of the general laws 
shall apply in such cases with equal force, and shall be as effec- 
tive as though fully set out in this article. 

§ 1553. Hoiu election ordered by committee. Whenever it 
shall be desired by the committee or governing authority of any 
political party to hold a primary election under the provisions 
of this article, said committee or governing authority shall, at 
least forty days prior to such primary election, give public 
notice thereof, by posting such notice at the court-house door 



54 KENTUCKY ELECTION LAWS. 

and at least twenty other public places in the county or district. 
Such notice shall state the date of such proposed primary elec- 
tion, the hours between which it will be held, the offices for 
which candidates are to be nominated, and the places at which 
polls will be open at such primary elections. 

§ 1554. Qualification of voters. That all persons who are- 
legal voters shall have the right to participate in such primary 
elections, subject to such additional political qualifications as- 
may be prescribed by the committee. 

§ 1555. Party affiliation — provisions for registering. In or- 
der that none but those affiliating with and being members of 
any political party shall participate in any primary election 
held by such political party, a system for the registration of 
such persons is hereby provided, and such registration shall be 
conducted in form and manner as follows, to wit : In all cities 
and towns, of whatever class, in which a registration law is in 
force under the provisions of the general law governing regular 
State elections, there shall be set aside on the regular registra- 
tion books used for the purpose of registering persons w T ho are- 
qualified to vote at the next regular State election, space for the- 
registration of all persons who may desire to take part in any 
primary election held by any political party. Such space shall 
be provided on the regular State registration books, immed- 
iately following the last perpendicularly ruled column in such 
books, and shall be headed as follows: "Party Affiliation. " It 
shall be the duty of the judges of such regular State registration 
to ask each person who applies to be registered the question,. 
"What political party do you desire to affiliate with?" And 
the name of the political party given by such person so apply- 
ing to be registered shall be recorded in the column provided on 
the books of registration for that purpose. In case any person 
applying to be registered does not desire to state his party affilia- 
tion, he shall not be required so to do, nor shall his failure so 
to do act as a bar to his registration for the purpose of voting 
at any election held under the provisions of the general election 
law. The committee or governing authority of any political 
party desiring to hold a primary election under the provisions- 
nereoi, or any person authorized by sucn committee or govern- 
ing authority, shall have the right to copy into books provided 
by the committee or governing authority the names of all per- 



KENTUCKY ELECTION LAWS. 55 

sons registered on the regular State registration books as af- 
filiating with such political party, a book being provided for 
each precinct of the city or town in which it is proposed to hold 
such primary election ; and the names of all persons registered 
in each precinct on the regular State registration book or books, 
shall be copied into the book or books provided by the commit- 
tee or governing authority for such precinct, together with the 
residence of each person so registered. In case the committee 
or governing authority of any political party, desiring to hold 
a primary election under the provisions hereof, should decide 
to hold such primary election previous to the time set for the 
registration of voters for that year, under the provisions of the 
general law, the party registration for the previous year shall 
govern at such primary election. Any person or persons who 
were necessarily absent from the city or town of their residence 
during the entire time of such regular State registration, or any 
person or persons who were too ill to attend such registration, or 
who were prevented therefrom by sickness or death or other 
calamity in their family, or any person or persons who moved 
into such city or town since the date of the last preceding regis- 
tration, and who have resided continuously in the precinct in 
which they apply to vote for sixty days next preceding such 
election, shall be allowed an opportunity to register at the time 
and in the manner set forth herein, as follows, to wit: Any 
person who was prevented from registering at the regularly ap- 
pointed time for any of the above-named causes, may apply at 
the polls of the precinct in which he resides at the primary elec- 
tion, and make affidavit before the officers of such primary elec- 
tion, who are hereby authorized to administer oath or affirma- 
tion thereto, and certify the same that he was prevented from 
registering at the regularly appointed time, and the cause for 
such failure shall be set forth in such affidavit. In all such cases 
the person so applying to the officers of the primary election for 
registration shall, in addition to his own affidavit, produce the 
affidavits of at least two well known and reputable residents of 
the precinct, setting forth reason or reasons for the failure of 
such person to attend the regular registration. In all cases 
where illness is given as the cause for failure to so register, the 
affidavit of some reputable physician setting forth the fact shall 
a 'so be produced. The officers of such primary election shall 



56 KENTUCKY ELECTION LAWS. 

then register the name of the person so applying, in the regis- 
tration book for the precinct on the page immediately fol- 
lowing the last page containing the names of those regularly 
registered; and opposite each name so registered at such pri- 
mary election shall be marked the words "Specially registered/' 
and such person shall thereupon be allowed to vote. In case 
the name of any person who was registered at the regularly 
appointed time for registration, as affiliating with any political 
party, is from any cause omitted from the list of names copied 
from the regular registration books into the primary registra- 
tion books, such person shall be allowed to vote upon producing 
a certificate from the custodian of the regular registration books 
setting forth the fact that the name of such person does appear 
upon such registration book. (See, as to registration, sec. 
1489.) 

§ 1556. Registration books — penalty for mutilating, or add- 
ing or erasing names. Upon the completion of the copying of 
the names of all persons entitled to vote at any primary election 
from the regular State registration books into the primary elec- 
tion registration books, the person or persons copying such 
names shall sign his or their name or names to the primary elec- 
tion registration book or books immediately following the last 
name registered therein, and any one who shall thereafter add 
any name or names to the list of names contained in such 
book or books, or who shall erase therefrom any name or names, 
or who shall otherwise change or multilate such book or books, 
shall be guilty of a misdemeanor, and shall, upon indictment 
and conviction in the circuit court, be fined not less than one 
hundred dollars nor more than five hundred dollars, and be 
imprisoned in the county jail not less than sixty days nor more 
than one year. 

§ 1557. Registration book — person willfully miscopying — 
penalty. The person or persons appointed by the committee or 
governing authority of any political party to copy the names of 
those persons entitled to vote at any primary election from the 
regular State registration books into the primary registration 
books shall, before entering upon the discharge of such duty, be 
sworn by some officer authorized by law to administer an oath, 
to faithfully and honestly discharge such duty, and any per- 
son so appointed by the committee or governing authority of 



KENTUCKY ELECTION LAWS. 57 

;any political party to copy such names who shall register any 
name or names in such primary registration book or books not 
registered in the regular State registration book or books, or who 
shall willfully refuse to copy any name or names etnitled to be 
so copied from the regular State registration book or books into 
the primary registration book or books, shall be guilty of a mis- 
demeanor, and shall, upon indictment and conviction in the 
circuit court, be fined not less than one hundred dollars nor 
more than five hundred dollars, and imprisoned in the county 
jail not less than sixty days nor more than one year. 

§ 1558. Registration books — delivery of. The person or 
persons appointed by the committee or governing authority of 
any political party to copy the names of those persons entitled 
to vote at any primary election to be held by such political party 
from the State registration book or books into the primary reg- 
istration book or books shall, upon the completion of that work, 
deliver to the duly authorized committee or governing au- 
thority under whose direction and control such copying was 
done, the book or books containing the names which were so 
'Copied which book or books shall, previous to the day set for 
holding such primary election, be delivered by such committee 
or governing authority to the officers named, appointed and 
qualified to have charge of the primary election in the several 
precincts ; and as each person shall apply to vote at such primary 
election, the officers thereof shall examine such registration book 
•or books, and if they find thereon the name of the person apply- 
ing to vote, and be satisfied that he is the person whose name is 
so registered, they shall enter the word "Voted" after his name, 
and he shall then be allowed to vote. No person whose name is 
not contained in such registration book or books, except those 
hereinbefore mentioned who were specially registered, shall be 
allowed to vote or participate in such primary election. 

§ 1559. Persons who may vote — challenge. In all counties, 
districts or precincts in which no registration is held under the 
"provisions of general law, all legal electors shall have the right 
to vote at any primary election held by any political party, if 
they conform to the conditions and qualifications prescribed 
by the committee or governing authority of the political party 
having direction and control' of such primary, by applying at 
the polls of the precinct in which they reside, and making 



58 KENTUCKY ELECTION LAWS. 

known the fact that they conform to such conditions and 
qualifications as have been so prescribed. In case the officers of 
such primary election be in doubt as to the right of any per- 
son to vote, such person shall be sworn by the judges of election, 
and if, after examination as to his right to vote, he be allowed 
to vote, the word "Sworn" shall be marked on the stub of the- 
ballot containing such person's name. Any bystander may 
also challenge the right of any person to vote, and in all such 
cases, such person whose right to vote is so challenged, shall be- 
sworn and examined as hereinbefore set forth. 

§ 1560. Election officers — appointment — oath — powers — 
duties and penalties. The officers for each election precinct, in 
all primary elections held under the provisions hereof, shall be 
of the same number as is required and designated by law to 
hold regular State elections, and their duties and responsibilities 
shall be precisely the same as those of legally appointed and 
regularly qualified officers of regular State elections. They 
shall be appointed by the regularly organized and constituted 
committee or governing authority of the political party holding 
such primary election, and shall, before entering upon the dis- 
charge of their respective duties, take the same oath required 
to be taken by officers of regular State elections. The officers in. 
each primary election precinct shall be selected from lists fur- 
nished by the various candidates, such lists to be furnished by 
the respective candidates to the committee or governing au- 
thority at least ten days before such primary election, and shall 
be as nearly equally divided as possible as to judges, clerks and 
sheriffs among the various candidates. The officers of all pri- 
mary elections, held under the provisions hereof, shall have the^ 
same powers and privileges as officers of regular State elections, 
and shall be subject to the same restrictions, limitations and 
conditions. Any act or deed denounced by general law as an 
offense in the case of officers of regular State elections, is hereby 
declared to be an offense in the case of officers of such primary 
elections, and shall be punished in the same form and manner ■ 
as is prescribed by general law. (See sec. 1552 ; also sees. 1475,. 
1476.) 

§ 1561. Candidate — how name to be submitted. Any per- 
son desiring to submit his name to the voters in a primary elec- 
tion shall, not later than fifteen days next preceding the hold-- 



KENTUCKY ELECTION LAWS. 59' 

ing of such primary election, apprise the committee or govern- 
ing authority of the political party holding such primary of the 
fact that he is a candidate, and, upon complying with the con- 
ditions precsribed by the committee or governing authority for 
the regulations of candidates, shall be declared to be a candidate 
by the committee or governing authority of such political 
party; and any person who has not given such notice to the 
committee or governing authority, or who has not complied 
with the conditions prescribed by the committee or governing 
authority for the government of candidates, shall not have his- 
name printed on the ballots used in such primary election ; but 
any person desiring to vote for one or other than the persons 
whose names are printed on such ballots shall have the right to' 
do so by writing the name of the person for whom he desires 
to vote in the space on the ballot set apart for the names of the 
candidates for such office as he may desire such person so voted 
for to hold. 

§ 1562. Returns of election — alteration — penalty. Within 
such time as is provided by law in the case of State elections, 
and in the same manner, the election returns of all primary 
elections shall be deposited with the committee or governing au- 
thority of the political party under whose direction and control 
such primary election was held, at such place as the committee 
or governing authority shall designate at which to receive such 
returns, and any person who shall change or in anywise alter 
such returns shall be punished in the same form and manner 
as is provided by general law for the punishment of any person 
who changes or in anywise alters the returns of a regular State- 
election. 

§ 1563. Counting vote — oath and duty of committee — de- 
cision in case of tie — penalty. The duly authorized and consti- 
tuted committee or governing authority in the county or dis- 
trict in which a primary election may be held hereunder is 
hereby empowered to count the votes received by all candidates 
in such primary elections, and to declare the candidate or 
candidates, in cases where candidates for more than one office 
are to be nominated, receiving the highest number of votes the 
nominee of such political party for the office for which he was 
voted for at such primary election. In all cases of a tie vote or 
contest, the committee or governing authority of the political 



60 KENTUCKY ELECTION LAWS. 

party holding such primary election shall have the power to 
-hear and determine such contest, and decide who shall be en- 
titled to the nomination. The proceedings in such cases shall 
be in such form and manner as the committee or governing au- 
thority shall determine upon. Before entering upon the dis- 
charge of the duties set forth in this article, the committee or 
governing authority shall be sworn by some officer authorized 
by law to administer an oath to faithfully and honestly dis- 
charge the duties herein imposed ; and the failure upon the part 
of any member of the committee or governing authority to dis- 
charge such duties faithfully and honestly shall be deemed a 
misdemeanor, and the persons so offending shall, upon indict- 
ment and conviction in the circuit court of the county or dis- 
trict, be fined not less than one hundred dollars nor more than 
five hundred dollars, and be imprisoned in the county jail not 
less than sixty days nor more than one year. 

§ 1564. Expenses of election — ballots printed by order of 
committee. All expenses for holding such primary elections 
shall be borne and paid by the political party holding same, and 
the pay of officers, cost of publishing and circulating notices of 
elections, and all other expenses, shall be defrayed in such 
manner as may be provided for by the committee or governing 
authority of the political party holding such primaries. The 
ballots used in such primary elections shall be printed by order 
of the committee or governing authority having direction and 
control of such primaries, under the same restrictions and limi- 
tations as is provided by general law for the printing of ballots 
used in regular State elections. 

§ 1565. General application. The provisions of this article 
shall apply to all primary elections held for the purpose of nom- 
inating candidates for State, county, district or municipal offices 
hereafter held in this Commonwealth, except those held in the 
year one thousand eight hundred and ninety-two. 

§ 1565a. Challenger and inspector — appointment — powers 
— oath — penalties. In all primary elections hereafter held in 
this Commonwealth, at which the whole number of candidates 
to be voted for does not exceed five, each candidate shall be 
entitled to designate, by written notice to the chairman of the 
county committee or governing body of the party, holding such 
primary election, not less than five days before the day fixed for 



KENTUCKY ELECTION LAWS. 61 

holding such election, the name of one person for each voting 
precinct in the county, to act as challenger and inspector for 
said candidate at the primary election at which he is a can- 
didate. If there be more than five candidates to be voted for at 
the primary election, one-fourth of the entire number of such 
candidates may unite and designate, by written notice to the 
chairman of the county committee or governing body of the 
party holding such primary election, not less than five days be- 
fore the day fixed for holding such primary election, the name 
of one person for each voting precinct of the county, to act as 
challenger and inspector for all of the candidates so uniting: 
Provided, That no candidate shall be entitled to participate 
or unite in designating more than one inspector and challenger 
for each voting precinct. Such written notice shall be served 
upon the chairman of the county committee or governing body 
of the party holding the primary election, by any officer author- 
ized to serve a summons. Such officer shall certify upon such 
written notice the day he receives it and the day he serves it, 
and shall be allowed for serving same a fee of fifty cents, to be 
paid by the candidate giving such notice. If there be no such 
chairman, or if such written notice be placed in the hands of 
an officer authorized to serve same, eight days before the day 
for holding such election, and be returned by such officer "not 
found," or if served and the chairman refuse to issue the certifi- 
cate, then the person designated as challenger and inspector for 
any candidate or candidates may present to the officers of elec- 
tion of the precinct for which he is designated as challenger 
and inspector the written notice herein provided for, and the 
person so designated shall have all the rights and powers as if 
appointed and certified by the chairman of the county commit- 
tee or governing body of the party as herein provided. 

Upon the designation of challengers and inspectors to the 
chairman of the county committee or governing body of the 
party, as herein provided, the said chairman shall issue to each 
person so designated a certificate signed by him as chairman of 
the county committee or governing body of the party, of ap- 
pointment as challenger and inspector for the candidate or can- 
didates so designating him, in the voting precinct for which he 
shall have been designated. The person so appointed as chal- 
lenger and inspector shall, upon presentation of his certificate 



62 KENTUCKY ELECTION LAWS. 

of appointment to the officers of election of the precinct for 
which he shall have been appointed, be entitled to stay in the 
room where the election is being held during the time of voting 
and the counting of the votes. He shall be entitled to challenge 
the right of persons to vote, and to be present at, witness and 
inspect the counting of the votes, and shall have all other rights 
and powers conferred by law upon challengers and inspectors 
at regular elections. 

Before acting as such the challenger and inspector so desig- 
nated shall take the oath, to be administered by the clerk or one 
of the judges of election, prescribed by law for challengers at 
regular elections. 

Any chairman of any county committee or governing body 
of the party who shall refuse to issue the certificate of appoint- 
ment to any person so designated as challenger and inspector, 
as herein provided, and any precinct election officer who shall 
refuse to admit any person so designated as challenger and in- 
spector to the room at any time during the voting or the count- 
ing of the votes, or shall willfully hinder or prevent such per- 
son from witnessing and inspecting the counting of the votes, 
shall be guilty of a misdemeanor, and shall, upon conviction, 
be fined not less than one hundred dollars nor more than five 
hundred dollars, or shall be confined in the county jail not less 
than thirty days nor more than six months, or may be both so 
fined and imprisoned. (This section is an act of October 22, 
1900.) 

ARTICLE XIII. 

Penalties against Frauds in Elections — Limitation to Prosecu- 
tions. 

§ 1566. Removing or having ballot outside election room — 
when a felony. Any person who shall knowingly and willfully 
remove or attempt to remove a ballot from the election room, or 
have in his possession outside the election room any ballot, 
either genuine or counterfeit, during the election, shall be 
guilty of a felony, and, on conviction, shall be imprisoned in 
the penitentiary not less than two nor more than five years. 
(See sec. 1473.) 



KENTUCKY ELECTION LAWS. 63 

§ 1567. Wrongful removal or possession of ballot — penal- 
ties. If any person shall take or remove in any manner, felon- 
iously or with the consent or permission of the custodian for 
the time, any official ballot or ballots, from any place where 
they may lawfully be under this law, or shall knowingly and 
willfully have in his custody or possession such ballots, except 
as an official or custodian under the law, or while within the 
polling place for the purpose of voting ; or if any such custodian 
or official shall consent to, or permit any of such ballots to be 
removed or carried away from the place where they may law- 
fully be, by any person except such official or custodian whose 
duty it is to receive the same, such person, custodian or official 
shall be deemed guilty of a felony, and, on conviction, shall 
be punished by imprisonment in the penitentiary for not less 
than three nor more than ten years. 

§ 1568. Removing or destroying booth or other convenience 
— or attempt. Any person who shall, during the election, 
knowingly and willfully remove or destroy any of the sup- 
plies or other conveniences placed in the booths for the purpose 
of enabling the voter to prepare his ballot, or shall, during an 
election, remove, tear down or deface the cards printed for the 
instruction of the voters, or shall, during an election, destroy or 
remove any booth or other convenience provided for such elec- 
tion, or shall induce or attempt to induce any person to commit 
any of such acts, whether or not any of such acts are committed 
or attempted to be committed, shall be guilty of a misdemeanor, 
and, on conviction, shall be punished by imprisonment in the 
county jail for not less than six months nor more than one 
year. 

§ 1569. Electioneering — wrongful obtension, exhibition, 
marking or delivery of ballot. No officer of election shall do 
any electioneering on election day, nor disclose at any time, to 
any person, the name of any candidate for whom any eLector 
has voted. No person whatever shall do any electioneering on 
election day within any polling place, or within fifty feet 
thereof. No person shall apply for or receive any ballot in any; 
polling place other than that in which he is entitled to vote. 
No person shall show his ballot, after it is marked, to any per- 
son in such a way as to reveal the contents thereof or the name 
of any candidate or candidates for whom he has marked hia 



64 KENTUCKY ELECTION LAWS. 

vote ; nor shall any person examine a ballot which any elector 
has prepared for voting, or solicit the elector to show the same. 
No voter shall deliver any ballot to the judges of the election to 
be voted, except the one he receives from the clerk. No voter 
shall place any mark upon his ballot, or suffer or permit any 
other person to do so, by which it may be afterward identified 
as the one voted by him. Whoever shall violate any provision 
of this section shall, on conviction, be fined not less than 
twenty (20) nor more than five hundred (500) dollars, or im- 
prisoned not less than ten (10) days or more than six (6) 
months, or both so fined and imprisoned, at the discretion of 
the jury. (See sec. 1476.) 

§ 1570. Inducing another to mark ballot — felony — marked 
ballots not counted. If any person shall induce, or attempt to 
induce, any elector to write, paste, or otherwise place on his bal- 
lot the name of any person or any sign or device of any kind, as 
a distinguishing mark by which to indicate to any other person 
how such elector has voted, such person so offending shall be 
guilty of felony, and, on conviction, be imprisoned in the 
penitentiary not less than two nor more than five years. Any 
ballot having any of the distinguishing marks mentioned in 
this section shall not be counted for any candidate voted for at 
that election. 

§ 1571. Person entitled to inspect ballot — revealing infor- 
mation — felony. If any person, being an officer of election or 
otherwise entitled to the inspection of the ballots, or challenges, 
shall reveal to any other person how any elector has voted, or 
what other candidates were voted for on any ballot bearing a 
name not printed thereon, or give any information concerning 
the appearance of any ballot voted, such a person so offending 
shall be guilty of a felony, and, on conviction, shall be impris- 
oned in the penitentiary not less than two nor more than five 
years. 

§ 1572. Personating registered voter — penalties. Any per- 
son who falsely personates a registered voter, in any precinct 
where registration is required, and receives a ballot under the 
provisions of section 1471, by means of such personation, and 
casts said ballot, shall be deemed guilty, of a felony, and shall, 
upon conviction thereof, be sentenced to imprisonment in the 
penitentiary for not less than one nor more than two years, 



KENTUCKY ELECTION LAWS. 65 

and forfeits his right to vote forever after. The attempt at 
such personation shall be punished as a misdemeanor, with a 
fine of not exceeding two hundred dollars, and imprisonment 
not exceeding six months in the county jail. 

§ 1573. Destroying or obtaining ballot or box — or attempt. 
Whoever unlawfully destroys, or attempts to destroy, any bal- 
lot-box used, any ballot deposited at any election, or whoever at 
any election unlawfully, either by force, fraud or other improper 
means obtains or attempts to obtain possession of any ballot-box, 
or any ballots therein deposited, while the voting at such elec- 
tion is going on, or before the ballots are duly taken out and 
counted according to law, shall be punished by confinement 
in the penitentiary for not less than one nor more than five 
years, and be fined not less than fifty nor more than one 
thousand dollars. [See, further, sec. 1585a.) 

§ 1574. Right of employe — employer refusing leave. Any 
person entitled to a vote at any election in this State shall, on 
the day of such election, be entitled to absent himself from any 
services or employment in which he is engaged or employed for 
a period of four hours, between the time of opening and closing 
the polls; and such voter shall not, because of so absenting 
himself, be liable to any penalty, nor shall any deduction be 
made on account of such absence from his usual salary or 
wages: Provided, however, That application for such leave of 
absence shall be made prior to the day of election. The em- 
ployer may specify the hours during which said employe may 
absent himself as aforesaid. Any person or corporation who 
shall refuse to an employe the privilege hereby conferred, or 
shall discharge or threaten to discharge an employe for absent- 
ing himself for the purpose of said election from his work, or 
shall subject an employe to a penalty or deduction of wages be- 
cause of the exercise of such privilege, or who shall, directly or 
indirectly, violate the provisions of this section, shall be deemed 
guilty of a misdemeanor, and be fined in any sum not less than 
fifty nor more than five hundred dollars. (See Con., sec. 148.) 

§ 1574a. 1. Corporations forbidden to contribute to po- 
litical organizations — penalty. It shall be unlawful for any 
corporation chartered under the laws of this State, or authorized 
to do business therein, by virtue of the laws thereof of itself or 
5 



66 KENTUCKY ELECTION LAWS. 

by or through its agent, attorney or any employe or officer 
thereof, to subscribe to, give, procure for or to furnish any 
money, privilege, favor or other thing of value to any political 
or quasi political organization, or party or any officer or mem- 
ber thereof to be used by such political or quasi political party 
or organization for any purpose or purposes whatever, or after- 
wards to re-imburse or compensate in any way or manner any 
person or persons who shall have subscribed, given, procured 
or furnished any such money, privilege, favor or other thing of 
value, to be used by such political or quasi political party or 
organization for any purposes whatever. And any corporation 
which shall violate any of the provisions of this act shall be 
guilty of a misdemeanor, and shall, upon conviction, be fined 
not less than five hundred dollars or more than five thousand 
dollars for each offense, and its charter or authority to do busi- 
ness in this State shall, upon such conviction, be repealed, re- 
voked and held for naught. 

2. Corporation agents or officers forbidden to act for it — pen- 
alty. Any officer, agent, attorney, servant or employe of any 
corporation chartered under the laws of this State or authorized 
by the laws thereof to do business therein, or any person what- 
ever acting for or representing any such corporation who shall 
disburse, distribute, pay out or in any way handle any money, 
funds or other thing of value that belongs to or has been fur- 
nished or is being furnished by any such corporation or agent, 
.attorney, employe or servant thereof to be used or employed 
in any way for the purpose of aiding or assisting or advancing 
the cause of any political or quasi political party or organization 
or of any candidate for public office in any way whatever, shall 
be guilty of a misdemeanor and shall, upon conviction, be fined 
not less than two hundred and fifty dollars nor more than one 
-thousand dollars, and imprisoned in the county jail at hard 
labor not less than three months nor more than twelve months 
for each offense. 

3. Corporation influencing vote of its employes — penalty. 
Any corporation chartered under the laws of this State, or 
authorized to do business therein, which shall, through any of- 
ficer, attorney, agent or employe, or otherwise, directly or in- 
directly, influence or attempt to influence by bribe, favor, 

^promise, inducement, threat or otherwise, the vote or suffrage 



KENTUCKY ELECTION LAWS. 67 

of any employe or servant of such corporation against or in 
favor of any candidate, platform or principles or issue in any 
election held under the laws of the Commonwealth, shall be 
guilty of a misdemeanor and shall, upon conviction, be fined 
not less than five hundred dollars nor more than five thousand 
dollars for each offense, and its charter, or authority to do busi- 
ness in this State, shall, upon such conviction, be repealed, re- 
voked, annulled and held for naught. (This section is an act 
-of March 17, 1900 ; the numbers of sub-sections are the num- 
bers of sections of act.) 

§ 1575. Selling or furnishing intoxicating liquors. Who- 
ever sells, loans, gives or furnishes to any person or persons, 
either directly or indirectly, spirituous, vinous or malt liquors, 
or any other intoxicating drink, in any precinct, town, city or 
county of this Commonwealth, upon the day of any general 
or primary election therein, shall be guilty of a misdemeanor, 
.and, upon conviction thereof, shall be fined the sum of not 
less than twenty-five nor more than fifty dollars for each of- 
fense, which may be recovered by proceedings in any court of 
competent jurisdiction, or by indictment in the circuit court. 
It shall be the duty of the circuit judges throughout this Com- 
monwealth to make special mention of this section in charge 
to the grand juries of said courts. (See sec. 2565.) 

§ 1576. Disobedience of election officers commands. Any 
person who shall willfully disobey any lawful command of any 
-officer of an election held under this chapter, given in the 
-execution of his or their duty as such at any such election, 
shall be deemed guilty of a misdemeanor, and, on conviction, 
be fined not less than twenty-five nor more than five hundred 
dollars. 

§ 1577. Officers violating duties. Any public officer upon 
whom a duty is imposed under this chapter, and no penalty 
provided for the violation thereof, who shall willfully neglect 
io perform such duty ; or who shall willfully perform it in such 
a way as to hinder the objects of this law, shall be punished 
by a fine of fifty dollars and imprisonment in the county jail 
for two months. 

§ 1578. Sheriff failing to perform duty. Any sheriff who 
willfully fails to cause an election to be held as required by law 
shall be fined from one hundred to five hundred dollars. If 



68 KENTUCKY ELECTION LAWS. 

lie willfully fails to perform any other duty concerning an elec- 
tion, for which there is no penalty specially prescribed, he shall 
be fined from twenty to two hundred dollars. 

§ 1579. Officer appointed failing to perform duty. Any of- 
ficer of election or of registration, in any precinct where regis- 
tration is required, who. after due notice of his appointment,, 
shall fail to perform his duty as such in holding any election 
or registration, unless for good cause, shall be fined from 
twenty-five to five hundred dollars. 

§ 1580. Officer of canvassing or contesting board — neglect 
or corrupt act. Any officer who. without sufficient excuse, fails 
to discharge his duty after an election, as one of a board for 
canvassing the election returns, or to decide a contested election,. 
shall be fined from one hundred to one thousand dollars, and 
imprisoned in the county jail not exceeding sixty days. Any 
officer who shall act corruptly or with partiality in the discharge 
of such duty shall be fined from one hundred to five hundred 
dollars, and shall also, in addition,, forfeit any office he then 
holds, and be disqualified from ever holding any office. 

§ 1581. Altering, secreting, destroying poll-books, return or 
certificate. Any officer or other person who shall willfully 
alter, obliterate, or willfully secrete, suppress or destroy the 
certified poll-book, return or certificate of an election, willfully 
and unlawfully alter the poll-book before it is certified; or 
any officer who shall make, or aid in making, or authorize the 
making up of any false or fraudulent poll-book, or certificate 
of an election or election return, shall be deemed guilty of 
forgery, be confined in the penitentiary from one to five years, 
forfeit any office he then holds, and be disqualified from ever 
holding any office. 

§ 1582. Refusal to give certificate of election. Any officer 
whose duty it is to give or aid in giving a certificate of election, 
or of the returns of an election, or to forward the same, who 
shall willfully refuse or fail to give the same, or to send the 
same to the Secretary of State, as required by law, shall be 
fined not more than a thousand dollars, forfeit any office he 
may then hold, and be disqualified from ever holding any 
office. 

.^ 1583. Receiving or recording illegal vote. Any officer of 
election who shall receive, or assent to receive, or record a vote 



KENTUCKY ELECTION LAWS. 69 

at an election at a time or place known by him not to be the 
time and place lawfully appointed, or who shall knowingly re- 
ceive the vote of any other than a qualified voter, or so refuse 
to receive the vote of a qualified voter, shall, for every such 
offense, be fined from fifty to five hundred dollars, forfeit any 
office he then holds, and be disqualified from ever holding any 
•office. 

§ 1584. Person not qualified voting. Any resident of this 
State who shall vote at any election before he has resided one 
year in the State, or in the county and precinct where the elec- 
tion is held, the time required by law, or before he has attained 
full age, or before he has been duly naturalized, shall be fined 
from fifty to one hundred dollars, or imprisoned from ten to 
ninety days, or both. 

§ 1585. Non-resident — repeating — false personation — ■ 
felony. Any resident of another State or country who shall 
- vote at or any person who shall vote more than once at an elec- 
tion, or knowingly vote, or offer to vote, in any precinct except 
the one in which he resides; any person who shall vote by 
means of a false personation, or use of fie naturalization papers 
of another person, dead or living, and any person who shall 
lend or hire his or another's naturalization papers to be used 
for such purpose, shall be imprisoned in the penitentiary not 
less than one nor more than five years. 

§ 1585a. 12. Penalty for giving improper certificate or in- 
terfering with seals or ballots. Any officer of the election who 
shall knowingly and willfully give or certify to an improper 
certificate of the election as herein required, or shall mutilate 
or tamper with any of the seals, or destroy or remove any of 
the ballots required to be preserved herein, shall be guilty of 
felony, and upon conviction thereof shall be confined in the 
penitentiary for a period of not less than one nor more than 
three years. 

13. Penalty against county clerk allowing ballot-box tamp- 
ered with. Any county court clerk who shall knowingly and 
willfully unlock or break open and remove or destroy, or in 
any way tamper with a ballot-box and ballots left in his care 
and custody, or permit any other person to do so during the 
period of six months which they are so required to remain in 
liis office, or until they are removed from his office by order of 



70 KENTUCKY ELECTION LAWS. 

the court hearing any contest, shall forfeit his office and be 
deemed guilty of a felony, and upon conviction shall be con- 
fined in the penitentiary not less than one nor more than three* 
years. 

14. Penalty for tampering with ballots. Any person or per- 
sons who shall in any way remove, mutilate or destroy, or add 
any new ballots to, the regular ballots that have been counted 
and prepared for preservation, or have already been preserved.. 
as required herein, so that the result of the election in such 
precinct or county is changed thereby, shall, upon conviction,, 
be deemed guilty of a felony and confined in the penitentiary 
for not less than one or more than three years. 

15. Intimidation of voter or interfering with election officer 
— penalty. Any person or persons who shall unlawfully at- 
tempt to prevent, or prevent any voter from casting his ballot, 
or shall attempt to, or intimidate, any person or voter so as to 
prevent him from casting his ballot, or who shall unlawfully 
interfere with the officers of election in the discharge of their 
duties as such, shall be deemed guilty of a felony and, upon 
conviction, be confined in the penitentiary for a period of 
years, of not less than one nor more than five years, for each 
offense. The fact that the person or persons so offending may 
be an officer or officers of the Federal government, or of the 
State or any district, county, town or city thereof, or of election, 
shall not relieve them of the responsibility or penalty for the 
violation of this section. All acts or parts of acts in conflict, 
with this act are, to the extent of such conflict, hereby repealed. 
(This section is the last four sections of an act of October 16^ 
1900; the numbers of the sub-sections are the numbers of the 
act.) 

§ 1586. Bribery — receiving bribe — zuhat is bribery. Any 
person guilty of receiving a bribe for his vote at an election, 
or for services or influence in procuring a vote or votes at an 
election, shall be fined from fifty to five hundred dollars, and be- 
excluded from office and suffrage. 

1. "Bribe" or "bribery" means any reward, benefit or ad- 
vantage, present or future, to the party influenced or intended 
to be influenced, or to another at his instance, or the promise 
of such reward, benefit or advantage. 

2. Money or other thing of value given or lent in whole or 



KENTUCKY ELECTION LAWS. 71 

in part, to be betted on the result of election, or the promise 
thereof, or a bet with another that such other will vote for a 
named candidate, and the gift or promise of a share in any 
such bet made or to be made, shall be deemed a bribe. 

3. Whoever shall receive money or other thing of value to- 
be used for the purpose of procuring or influencing a vote or 
votes shall be deemed to have been bribed. {See Con., sec. 
151.) 

§ 1587. Bribery— bribing another. Whoever shall bribe 
another shall, on conviction, be fined from fifty to one hundred 
dollars, or imprisoned from ten to ninety days, or both so fined 
and imprisoned, and be excluded from office and suffrage. 

§ 1588. Unlawful interference with election. Any person 
who, by himself or in aid of others, shall forcibly break up or 
prevent, or attempt to break up or prevent, the lawful holding 
of an election, or so obstruct or attempt to obstruct the same ? 
or so prevent or attempt to prevent any qualified voter from 
giving his vote, shall be fined from fifty to five hundred dol- 
lars, or imprisoned not more than one year. 

§ 1598. Making or procuring another to make false oath. 
Any person who shall make any willfully false statement, under 
an oath duly administered at an election, shall be confined in 
the penitentiary from one to five years. Any person who 
shall willfully procure another to make such false statement 
shall be confined in the penitentiary one year. 

§ 1590. Counseling or procuring one to make false oath. 
Any person who shall counsel, advise or procure the commis- 
sion, or aid in the commission, of either of the offenses named 
in this article, shall incur thereby the penalty therefor, as 
therein named. 

§ 1591. Liberal construction of chapter — charge to grand 
jury. This chapter shall be liberally construed, so as to prevent 
any evasion of its prohibitions and penalties by shift or device. 
Irregularities or defects in the mode of convening or conduct- 
ing an election under this law shall constitute no defense to a 
prosecution for a violation of its provisions. It shall also be 
given specially in charge to the grand jury of every county 
first convened after any general election. 

§ 1592. Officers to give information — arrest — bail. It shall 
be the special duty of any officer of an election to give informa- 



72 KENTUCKY ELECTION LAWS. 

tion of all infractions of this law to the grand jury or Com- 
monwealth's attorney ; and when there is reason to fear that an 
offender will make his escape out of the county before indict- 
ment, any such election officer may procure his immediate 
apprehension. The officer before whom such offender is 
brought, if satisfied of his guilt, shall require from him surety, 
in adequate penalty, for his appearance at the next circuit 
court, to answer the charge ; and on his failure to give it, com 
mit him to jail till such surety is given. 

§ 1593. Witnesses before grand jury — refusal to testify. 
A grand jury may cause any person to be summoned before 
them as a witness, who shall be compelled to testify as to any 
knowledge he may possess touching any violation of law in re- 
lation to elections in the county during the preceding eigh- 
teen months; and if he refuses to testify on oath he shall be 
committed to prison until he submits, and be fined from ten 
to thirty dollars by the court, and a like sum for each daily 
repetition of the contempt. 

§ 1594. Self -criminating testimony — single witness insuffi- 
cient. In any prosecution under this chapter, it shall be no ex- 
emption for a witness that his testimony may criminate him- 
self ; but no such testimony given by a witness shall be used 
against him in any prosecution, except for perjury; and if 
used on behalf of the Commonwealth, he shall stand discharged 
from all penalty for any violation of this chapter, so necessarily 
disclosed in his testimony, as tending to convict the accused. 
But the jury shall never convict any one, under the provisions 
of this chapter, upon the testimony of a single witness, unless 
sustained by strong corroborating circumstances. 

§ 1595. Limitation — two years except in case of felony. No 
prosecution shall be had under this chapter where the penalty 
is less than confinement in the penitentiary, unless the same is 
commenced within two years from the time of the commission 
of the offense. 

ARTICLE XIV. 

Local Option. 

§ 1596. Time of holding elections on liquor questions. All 
elections to take the sense of the people of any town, city, 
county, district or precinct as to whether or not spirituous, 



KENTUCKY ELECTION LAWS. 73 

-vinous or malt liquors shall be sold, bartered or loaned therein, 
or the sale thereof regulated, shall be held as hereinbefore pro- 
vided for the elections of county, town, city, district or precinct 
officers, except that a vote on such questions shall be held on a 
day other than the regular election day. All laws or parts of 
laws, general or special, now in force, inconsistent with this act, 
or any part of its provisions, are hereby repealed. (See sec. 
.2554.) 

ARTICLE XV. 

Election Commissioners — Contested Elections. 

[Act of October 24, 1900 — this act is a substitute for the 
original act of March 11, 1898, which is omitted.'] 

§ 1596a. 1. State board — appointment — term — qualifica- 
tions — vacancies — secretary. A State Board of Election Com- 
misisoners is hereby created, which shall consist of two com- 
missioners, who shall hold their office for the term of one year 
and until their successors are appointed and qualified. They 
shall be citizens and electors of Kentucky, and not less than 
twenty-five years old. They shall be appointed by the Gover- 
nor of the State from names designated in writing, if any are so 
designated, by each of the State Central Committees of the two 
political parties that polled the largest vote at the last preced- 
ing election for a State officer or presidential electors ; one com- 
missioner to be appointed from each of the two said parties. 
Said appointment of the Governor shall be made annually in 
the month of July. Said commissioners shall qualify by 
taking, before the clerk of the court of appeals, an oath faith- 
fully to perform their duties according to law. Of such qualifi- 
cation said clerk shall make a certificate which shall be noted 
upon the record of the proceedings of said board and preserved 
among its records. The clerk of the court of appeals, by virtue 
of his office, shall be a member of said board, and preside at 
its meetings; and in case of disagreement between the other 
members of said board, acting as umpire, he shall be permitted 
to vote. The board shall appoint a secretary, who shall hold 
office during the pleasure of the board ; and the board shall pre- 
scribe the duties of the secretary and fix his compensation, 
which shall not exceed two hundred and fifty dollars per an- 



74 KENTUCKY ELECTION LAWS. 

num. The board shall keep a record of its acts, orders, find- 
ings, and all its proceedings. A majority of said board, con- 
sisting of the two members appointed by the Governor, or one- 
of said appointive members and the clerk of the court of ap- 
peals, shall constitute a quorum for the transaction of all the 
business of the board, and a majority of said board may make- 
any order or do any act the board is authorized or empowered 
to do. The secretary of said board shall mail written notice- 
of the time and place of meeting to each member of said board 
before any meeting thereof for the transaction of any business 
shall be held, and any action of said board at any meeting 
thereof held without such notice having been given shall be 
null and void. If a vacancy shall occur in said board it shall 
be filled by appointment by the Governor in the same manner 
as hereinbefore provided for appointment to said board, and 
the member so appointed shall be of the same political party as 
his predecessor. Resignations from said board shall be in writ- 
ing, directed to the Governor and filed with the Secretary of 
State. 

2. County board — qualifications — appointment — vacancies 
— secretary. A County Board of Election Commissioners is 
hereby created, which shall consist of two commissioners, who 
shall hold their office for one year and until their successors 
are appointed and qualified. They shall be citizens and electors 
of the county from which they are appointed, and not less 
than twenty-five years old. They shall be appointed by the 
State Board of Election Commissioners. 

The two members of said County Board of Commissioners 
shall be appointed one each from five names designated in 
writing, if any are so designated, by each of the County 
Executive Committee of the two political parties that polled the 
largest number of votes in the State at the last preceding elec- 
tion for State officers or presidential electors, one of said two* 
commissioners to be appointed from each of the two said 
parties: Provided, If there be two or more contending executive' 
committees of the same party in the county, then that County 
Executive Committee which is recognized by the State Centra! 
Committee, by written certificate of the chairman thereof, shall 
be recognized by the State Commission in making their ap- 
pointments. The sheriff of the county by virtue of his office- 



KENTUCKY ELECTION LAWS. J $. 

shall be a member of said board, and shall preside at its meet- 
ings, and in case of disagreement between the other members 
of said board, acting as umpire, he shall be permitted to vote. 
Said appointment by the State Board shall be made annually 
in the month of August. Said county commissioners shall 
qualify by taking before the clerk of the county court an oath 
faithfully to perform their duties according to law. Said clerk 
shall make a certificate thereof, which shall be filed in his 
office. The board shall choose one of its members secretary, 
who shall keep a record of its proceedings, which shall be a 
public record and kept in the office of the county court clerk. 
A majority of said board; consisting of the two members ap- 
pointed as aforesaid from said two political parties, or one of 
said two members and the sheriff of the county shall constitute 
a quorum for the transaction of the business of the board. 
A majority of said board shall make any order or do any act 
the board is authorized or empowered to do. If a vacancy shall 
occur in the board it shall be filled by appointment by the State 
Board from names already designated to the State Board as 
hereinbefore provided; and the members so appointed shall be 
of the same political party as his predecessor ; in counties where 
there is no sheriff or where from other causes the sheriff can 
not act the circuit court clerk shall act in his place. Resigna- 
tions from said board shall be in writing, directed to the State 
Board and filed with the secretary thereof. Due notice, in writ- 
ing, of every meeting of said board shall be given to each mem- 
ber thereof. (This sub-section was amended by an act of March 
22, 1904, but as the amendment was declared unconstitutional 
in Droege v. Mclnerney, 27 R., 1135; 87 S. W., 1085, I have 
omitted it. — Ed.) 

3. Election officers — appointment — qualifications — term — 
removal — vacancies. Said county board shall, annually, not 
later than September the twentieth, appoint for each election 
precinct in the county two judges, one clerk, and one sheriff of 
election, to act as such in their precincts, all of whom shall be 
discreet qualified voters of the precinct for which they are ap- 
pointed, and shall hold their offices for one year and until their 
successors are appointed and qualified. The County Executive- 
Committees of the two political parties having representation 
on the State Board and County Boards of Election Commis- 



76 KENTUCKY ELECTION LAWS. 

sioners may, annually, on or before the fifteenth of September, 
designate in writing for each precinct a list of not less than 
eight names to the County Board of Election Commissioners: 
Provided, If in any precinct there be not as many as eight elec- 
tors possessing the qualifications of an election officer, belonging 
to the political party filing said list of names, then a less num- 
ber may be designated. And from these names, if any are so 
designated, the officers of election shall be selected from said 
list as follows : One judge at each voting place shall be selected 
from each of said lists, and in like manner the sheriff shall be 
chosen from one of said lists and the clerk from the other. If 
no lists are submitted to the said county board, then the of- 
ficers of the election shall be so selected and appointed as that 
one of the judges at each place of voting shall be of one political 
party and the other judge of a different political party, and 
there shall be a like difference at each voting place between the 
sheriff and clerk of election. No person shall be eligible as an 
officer of election who has not resided in the precinct for twelve 
months, next, preceding the day of election, or who has com- 
mitted a homicide, or who has been convicted of a felony or 
is under indictment therefor, or who is not sober, temperate, 
discreet and of good demeanor, or who has anything of value 
wagered on the result of such election, or who is a candidate 
to be voted for at such election, and who is not capable of 
reading the Constitution of the Commonwealth in English and 
of writing a plain and legible hand. It shall be the duty of 
said County Board of Election Commissioners to determine the 
qualification of all election officers before appointment. The 
County Board of Election Commissioners shall have the power 
to remove all election officers who are disqualified under the 
provisions of this act, but no such removal shall be made 
within five days of the election ; nor shall any such removal be 
made at any time without cause, and the grounds therefor 
shall be reduced to writing by said board and made a part of its 
records. If a vacancy shall occur, by removal or otherwise, it 
shall be filled by the County Board of Election Commissioners 
from the list already submitted, if any, from which the officer 
was selected, and in conformity with the provisions of this act. 
The County Board of Election Commissioners shall give due 
notice of said appointment of election officers to the sheriff 



KENTUCKY ELECTION LAWS. 77 

of the county, who shall, before the day of the next ensuing 
election and within ten days next after said appointment, give 
each officer of election written notice of his appointment. 
If there be two or more contending executive committees of the 
same party in the county, then that county executive commit- 
tee which is recognized by the State Central Committee, by the 
written certificate of the chairman thereof, shall be recognized 
by the county board in making the appointment of election 
officers. 

4. Oath of election officers — when voters may select. Should, 
the County Board of Election Commissioners fail to appoint 
such officers of election, or if any of such officers fail to at- 
tend for thirty minutes after the time for commencing the elec- 
tion, or refuse to act, the officer in attendance representing the 
same political party of the absentee shall appoint a suitable 
person to act in his stead for that election ; or if both representa- 
tives of the same political party are absent, qualified voters 
present affiliating with the party of said two absentees shall 
elect, viva voce, suitable persons to act in their stead. Each 
officer of election shall, before entering upon the duties of his 
office, take an oath faithfully to discharge his duties as such 
officer before some person authorized to administer an oath, or 
if no such officer be present it may be administered by the clerk 
of the election, who shall in turn be sworn by one of the judges 
of election. 

5. County board to canvass returns — when and where to 
meet — certificates of election — poll-books and ballots. Said 
County Board of Election Commissioners shall constitute a 
board for examining and canvassing the election returns of each 
county and awarding and issuing certificates of election. Any 
two of the members of said board may constitute the board, 
but if either be a candidate he shall have no voice in the de- 
cision of his own case. If from any cause two of the members 
of the board can not act, in whole or in part, in examining 
and canvassing the returns their places shall be supplied as in 
case of vacancies in such board. Within two days next after 
an election the sheriff shall deposit with the clerk of the county 
court the returns from the different precincts. On the next 
day the said County Board of Election Commissioners shall 
meet in the county court clerk's office between ten and twehe 



78 KENTUCKY ELECTION LAWS. 

o'clock in the morning, open and canvass the returns of such 
election, and give triplicate or more written certificates of elec- 
tion, over their signatures, of those who have received the high- 
est number of votes for any office exclusively within the gift of 
the voters of the county, one copy of the certificate to be re- 
tained in the clerk's office, another delivered to each of the per- 
sons elected, and the other forwarded by the county clerk to the 
Secretary of State at the seat of government. For offices not 
within such gift they shall give duplicate or more written 
certificates over their signatures, of the number of votes given 
in the county, city, town, district, or precinct, particularizing 
therein the precinct at which the votes were given, one copy to 
be retained in the clerk's office, one delivered to the shrill, 
and one, in case of municipal or district election, to the common 
council of said municipality or governing authority of such dis- 
trict. The poll-books and " questioned ballots" shall thereafter 
remain in the clerk's office as parts of its records. So, also, 
shall the certificate of any precinct judges which may have 
been used in the absence of the poll-books of that precinct. 

6. Two or more counties voting together — duties of canvass- 
ing boards. Where two or more counties vote together in the 
choice of a Representative or Senator the canvassing board of 
election of the respective counties shall make duplicate written 
certificates, over their signatures, of the number of votes given 
in the counties for such Representative or Senator, one copy to 
be retained in the clerk's office of such county, and the other to 
be sent immediately by mail by said board to the canvassing 
board of the county in such district having the largest popula- 
tion, which last-named board shall, between ten and twelve 
o'clock in the morning of the second Monday after the election, 
meet in the clerk's office of their county, compare the certificates 
of the canvassing boards of the several counties, and therefrom 
give triplicate certificates of election, in writing, over their sig- 
natures, of the persons who appear to have received the largest 
number of votes, one copy of the certificate to be retained in 
■the clerk's office, another delivered to the person elected, and 
the other forwarded to tne Secretary of State at the seat of gov- 
ernment. 

7. Form of certificate. The certificate of election of a 
-county officer shall be in substance in the following form: 



KENTUCKY ELECTION LAWS. 79 

"^'Commonwealth of Kentucky, set. We, A, B ; and C, duly 

•authorized to canvass the returns of the county of , 

do certify that an election held in said county, on the 



day of , E F was duly elected to fill the office of 

." The certificate of election of a justice of the peace 

or constable shall be altered to show that the election was held 
in a named district. 

8. Contested election of Governor or Lieutenant-Governor — 
how decided. When the election of a Governor or Lieutenant- 
Governor is contested a board for determining the contest shall 
be formed in the manner following: First. On the third day 
after the organization of the General Assembly which meets 
next after the election the Senate shall select, by lot, three of its 
members, and the House of Representatives shall select, by lot, 
eight of its members, and the eleven so selected shall constitute 
a board, seven of whom shall have power to act. Second. In 
making the selection, by lot, the name of each member present 
shall be written on a separate piece of paper, every such piece 
being as nearly similar to the other as may be. Each piece shall 
be rolled up, so that the names thereon can not be seen, nor any 
particular piece ascertained or selected by feeling. The whole, 
so prepared, shall be placed by the clerk in a box on his table, 
and after it has been well shaken, and the papers therein well 
intermixed, the clerk shall draw out one paper, which shall be 
opened and read aloud by the presiding officer, and so on 
until the required number is -obtained. The persons whose 
names are so drawn shall be members of the board. Third. 
The members of the board so chosen by the two Houses shall be 
sworn by the Speaker of the House of Representatives to try 
the contested election, and give true judgment thereon accord- 
ing to the evidence unless dissolved before rendering judgment. 
Fourth. The board shall, within twenty-four hours after its 
selection, meet, appoint its chairman, and assign a day for hear- 
ing the contest and adjourn from day to day as its business may 
require. Fifth. If any person so selected shall swear that he 
can not, without great personal inconvenience, serve on the 
board, or that he feels an undue bias for or against either 
of the parties, he may be excused by the House from which he 
was chosen from serving on the board; and if it appears that 
a person so selected is related to either party, or is liable to anjr 



80 KENTUCKY ELECTION LAWS. 

other proper objection on the score of his partiality, he shall 
be excused. Sixth. Any deficiency in the proper number so 
created shall be supplied by another draw from the box. 
Seventh. The board shall have the power to send for persons, 
papers and records, to issue attachments therefor signed by its 
chairman or clerk and issue commissions for taking proof. 
Eight. Where it shall appear that the candidates receiving the 
highest number of votes given have received an equal number, 
the right to the office shall be determined by lot, under the di- 
rection of the board. Where the person returned is found 
not to have been legally qualified to receive the office at the 
time of his election a new election shall be ordered to fill the 
vacancy: Provided, That the first two years of his term shall 
not have expired. When another than the person returned 
shall be found to have received the highest number of legal 
votes given, such other shall be adjudged to be the person 
elected and entitled to the office. Ninth. No decision shall be 
made but by the vote of six members. The decision of the 
board shall not be final nor conclusive. Such decision shall be 
reported to the two Houses of the General Assembly, in joint 
session for the further action of the General Assembly, over 
which the Speaker of the House shall preside, and the General 
Assembly shall then determine such contest. Tenth. If a new 
election is required, it shall be immediately ordered by procla- 
mation of the Speaker of the House of Representatives, to take 
place within six weeks thereafter, and on a day not sooner than 
thirty days thereafter. Eleventh. When a new election is 
ordered or the incumbent is adjudged not to be entitled to the 
office, his power shall immediately cease, and if the office is not 
adjudged to another, it shall be deemed to be vacant. Twelfth. 
If any member of the board willfully fails to attend its sessions 
he shall be reported to the House to which he belongs, and 
thereupon such House shall, in its discretion, punish him by 
fine or imprisonment, or both. Thirteenth. If no decision of 
the board is given during the then session of the General As- 
sembly, it shall be dissolved, unless by joint resolution of the 
two Houses it is empowered to continue longer. 

9. Certificates showing number of votes to be issued by can- 
vassing board. After an election for Presidential electors, Rep- 
resentatives in Congress, or for any State or district officer other 



KENTUCKY ELECTION LAWS. 81 

than a member of the General Assembly, or for or upon ques- 
tions or constitutional amendments submitted to the vote of the 
people, it shall be the duty of the board of canvassers of returns 
for each county immediately after examination of such returns, 
to make out two or more certificates in writing, over their 
signatures of the number of votes given in the county for each 
of the candidates for any of said offices and the number of votes 
for or against any such questions or constitutional amendments. 
One of the certificates shall be retained in the clerk's office, an- 
other the clerk shall send, by next mail, under cover, to the 
Secretary, at the seat of government. 

10. State board to canvass returns — certificates — tie vote — - 
Presidential electors. Said State Board of Election Commis- 
sioners, or any two of them, in the absence of a member, shall 
be a board for examining and canvassing the returns of election 
for any of the offices named in the last preceding section of this 
act. First, it shall be the duty of said board when the returns 
are all in, or on the third Monday after the election, whether 
they are in or not, to make out in the office of the Secretary 
of State, from the returns made, duplicate certificates in writ- 
ing, over their signatures of the election of those having the- 
highest number of votes, one certificate to be retained in the of- 
fice and the other sent, by mail, to the person elected. If all 
the returns are not made the right to contest an election shall 
not be impaired. Second. In the case of the election of a 
Representative in Congress there shall be three certificates, one 
to be retained in the office, another sent, by mail, to the clerk 
of the House of Representatives at the seat of Federal govern- 
ment, and another sent, by mail, to the person elected. Third. 
It shall be the duty of the Secretary of State, immediately after 
the comparison of the returns, to cause a statement therefrom 
of the votes given in every county for each candidate to be pub- 
lished in two newspapers. Fourth. If two or more persons 
shall be found to have received the highest and an equal num- 
ber of votes for the same office, so that the election can not be 
determined among the candidates by a plurality of votes, it 
shall be determined by lot in such manner as the board may 
direct, and in the presence of not less than three other persons. 
Fifth. If one or more of the persons voted for as electors for 
6 



82 KENTUCKY ELECTION LAWS. 

President is elected, then he or they, when convened to vote 
for President, shall determine which of the candidates having 
an equal number of votes shall be deemed to be elected with- 
out casting any lot therefor. But if none is elected, then the 
board shall determine the election, by lot, between those having 
the highest and equal number of votes, except that they shall be 
arranged and drawn for in classes, according to their known 
pledges to vote for the different candidates, so that the whole 
vote of the State shall be given to the same person. 

11. Tie vote in election held by two or more counties — 
how decided. Where the canvassing board of two or more 
counties on comparison of the returns, or the board of canvass- 
ers for a county, find that two or more have received the highest 
and equal number of votes for the same office, they shall, by 
lot, determine which of the candidates is elected. 

12. Contested elections — how decided — members of General 
Assembly excepted. In case there shall be a contest of the elec- 
tion of Secretary of State, Auditor, Treasurer, Attorney-Gen- 
eral, Superintendent of Public Instruction, Commissioner of 
Agriculture or other State officer, or in case there shall be a 
contest of the election of a Judge or a Clerk of the Court of Ap- 
peals, Circuit Judge, Commonwealth's Attorney or Railroad 
Commissioner, or of any officer elected by the voters of a county 
or any district therein, excepting members of the General As- 
sembly, or of any police judge, clerk, marshal, or other elective 
municipal officer, where there is no other provision by law for 
determining the contested election of such municipal officer, 
the contest shall be made by the filing of a petition in the circuit 
court of the county where the contestee resides, except where the 
officer is one elective by the voters of the whole State, in which 
event the petition shall be filed in the Franklin Circuit Court. 
Such petition shall be filed and process issued in the case of 
an officer elective by the voters of the whole State or any dis- 
trict comprising more than one county, within thirty days 
after the final action of the board of canvassers, and in case 
of any other office, within ten days after such action ; and shall 
state the grounds of the contest relied on, and no other grounds 
shall afterwards be relied upon. (See, as to members of General 
Assembly, Sees. 1532, 1535.) 

.Within twenty days after the service of summons upon him 



KENTUCKY ELECTION LAWS. 83 

the contestee shall file his answer, which may consist of a de- 
nial of the averments of the petition and may also set up 
grounds of contest against the contestant, and if grounds are so 
set up they shall be especially pointed out and none other shall 
-thereafterward be relied upon by said party. A reply may 
be filed within ten days after the answer or answers are filed, 
but its affirmative allegations shall be treated as controverted, 
and no subsequent pleading allowed, and the action shall pro- 
ceed as an equity action. 

The evidence in chief for the contestant shall be completed 
within thirty days after the issues are made up and the evi- 
dence of the contestee completed within twenty days thereafter, 
and the evidence for contestant in rebuttal in fifteen days after 
the contestee has concluded. The action shall have precedence on 
the trial docket over all other cases. All ballots, poll-books, 
stubs or other papers concerning which there is any ground 
for contest may be removed to the court in which the action 
is. pending. Either party may appeal from the judgment of the 
circuit court to the court of appeals by giving bond to the clerk 
of the circuit court, with good surety, conditioned for the pay- 
ment of all costs and damages the other party may sustain by 
reason of the appeal and by filing the record in the clerk's office 
•of the court of appeals, within thirty days after final judgment 
in the circuit court. And in the court of appeals the case shall 
T:<e heard and determined as speedily as possible, and shall have 
precedence over all other cases. 

In case it shall appear from an inspection of the whole record 
that there has been such fraud, intimidation, bribery or viol- 
ence in the conduct of the election that neither contestant nor 
contestee can be adjudged to have been fairly elected, the circuit 
court, subject to re\ T ision by appeal, or the court of appeals 
finally may adjudge that there has been no election. In such 
event the office shall be deemed vacant, with the same legal 
effect as if the person elected had refused to qualify. 

On the production of a copy of the final judgment, the suc- 
cessful party shall be permitted to qualify or be commissioned, 
or a writ of new election shall be issued as the judgment may re- 
quire. The unsuccessful party shall pay all costs in both courts. 

13. State board — where to meet — compensation — stationery 
—how paid. Said State Board of Election Commissioners shall 



84 KENTUCKY ELECTION LAWS. 

hold its sessions at the seat of government at Frankfort, wher& 
a suitable room for them shall be provided in some of the State 
buildings. The members of the board shall be paid for all 
their services under this act five dollars per day while so in 
session : Provided, That no member of said board shall be paid 
more than one hundred dollars for his services in any year. 
Said board shall provide itself with necessary books, material 
and postage to enable it to perform the duties with which it is 
charged by this act. The chairman of said board shall certify 
to the Auditor of Public Accounts the money so expended by 
said board, and the sums that the members of said board and 
its secretary are entitled to be paid under this act, and there- 
upon the Auditor shall draw his warrant upon the Treasurer 
for the sum so certified, to the end that the same may be paid 
out of the Treasury. 

14. County boards — compensation — stationery — payment. 
The County Board of Election Commissioners shall be paid for 
all services they may render under this act two dollars per day 
while actually in session; but no member of such board shall 
be paid more than twenty dollars for his services during any 
year. Said board may provide itself with necessary books and 
stationery to enable it to perform its duties under this act. The 
amount of such expenditure and the number of days the mem- 
bers of said board were actually in session shall be certified by 
the chairman of the board to the fiscal court of the county, and 
paid out of the county funds. 

15. Penalty against member of board violating law. If any 
member of either the State Board or the County Boards of Elec- 
tion Commissioners herein provided for shall willfully and 
knowingly violate any of the provisions of this act, or fail to 
execute faithfully any of the duties imposed upon said members 
under the provisions of this act, he shall be fined not less 
than one hundred nor more than one thousand dollars and i m- 
prisoncd in the county jail not exceeding sixty days. 

16. Penalty for intimidating boards. Any person or per- 
sons who shall, by threat of violence, or in any other manner, 
intimidate, or attempt to intimidate, the election officers, or the 
County or State Canvassing Boards, as herein named, in the 
performances of their duty, or shall conspire together and go 
forth armed for the purpose of intimidating said officers, shall 



KENTUCKY ELECTION LAWS. 85 

"be guilty of a felony and, on conviction, be confined in the 
State penitentiary for not less than one year or more than five 
years. 

17. Repealing clause. All acts or parts of acts in conflict 
with this act are, to the extent of such conflict, repealed. ( The 
numbers of the sub-sections are the numbers of the sections of 
the act.) 



ELECTION LAWS 



OF THE 



STATE OF KENTUCKY 



ELECTION COMMISSIONERS— 

County Commissioners 1596a 

State Commissioners 1596a. 

ELECTIONS— See Constitution.— 

1 . General Provisions. 

2. Ballots. 

3. Contested Elections. 

4. Election Commissioners. 
6. Penalties. 

6. Primary Election. 

7. Registration. 

8. Vacancies, how filled. 

1. GENERAL PROVISIONS— 

Appeals and contested eelctions 1596a 

bond in 1596a 

judgment in — effect 1596a. 

trial of 1596a 

Arrest of offenders against law 1592 

bail— surety 1592 

Assessor — time of election 1519 

vacancy in office — how filled 1526 

Attorney, county — time of election 1519 

vacancy in office — how filled 1526* 

Commonwealth — time of election 1519 

vacancy in office — how filled 1522, 1528 

General — time of election 1516 

vacancy in office — how filled 1522-3 

Auditor — time of election 1516- 

vacancy in office — how filled 1522-& 



KENTUCKY ELECTION LAWS. 87 

1. GENERAL PROVISIONS— Continued- 
Blind person — manner of voting 1475 

Booths — provisions concerning 1467 

penalty for injury 1568 

Boxes for ballots 1468-82 

Bribery denned 1586 

disfranchises 1439 

punishment for 1586-7 

Candidate — death, removal, withdrawal — 

effect 1458-1464 

name — when go on ballots 1453 

Canvassing returns 1596a 

board — failure to do duty 1580 

Cards of instruction — provision concerning 1465-6 

Certificate of nomination 1453-8 

election of — granting and form 1596a 

giving improper . . 1585a 

officers of election to give , 14S3 

refusal to give — penalty , . - 1582 

tampering with 1581 

Challenge of voters 1477 

Challengers — appointment of 1470, 1481a 

Citizenship of voter — how determined 1479 

City in two counties — election in H45 

Clerk Court of Appeals — time of election ..1517 

vacancy in office — how filled 1522 

circuit — time of election 1518 

vacancy in office — how filled 152S 

county — time of election 1519 

vacancy in office — how filled 1526 

Commissioner of A. L. & S. — time of election 1516 

vacancy in office — how filled 1522 

Compensation of officers 1540-2 

Congressional elections — time of 1515 

Constable — time of election 1519 

vacancy in office — how filled 1526 

Constitutional amendment — how voted for 1459 

Contest board — failure to do duty 1580 

Contested election board 1596a 

General Assembly — member of 1532 

Governor or Lieutenant Governor 1596a 

elections 1596a 

Construction — how law construed 1591 

Coroner — time of election 1519 

vacancy in office — how filled 1526 

when to act for sheriff 1451 

Corporation interfering in election 1574-74a 

] Costs of contested election 1596a 



88 KENTUCKY ELECTION LAWS. 

1. GENERAL PROVISIONS— Continued- 
Counting vote 1482 

County Clerk — printing ballots wrong 1457a 

Death of candidate 1458-64 

Device 1453-60 

Disabled person — manner of voting 1475 

Election commissioners 1596a 

Election — meaning of word 1437 

Electioneering near polls — penalty 1569 

Employes — to be allowed time to vote 1574 

corporation influencing — penalty 1574a 

Envelopes — clerks to furnish • 1465 

Examining board for county 1596a 

district, for 1596a 

State, for 1596a 

Expenses of election — how paid 1540-1 

False swearing or subornation of — penalty 1589-90 

Felony — conviction of disfranchises 1439 

Fiscal court — time of election of members 1519 

vacancy in membership — how filled 1526 

General Assembly — contested election in 1532 

vacancy in — how filled 1524 

Governor — time of election 1516 

contested election of 1596a 

vacancy in office — how filled 1525 

Grand jury — charge to concerning 1591 

Hours of election 1469 

Idiots — disfranchised 1439 

Illiterate person — manner of voting 1475 

Insane person — disfranchised 1439 

Inspectors 1481-81a, 1483 

Intimidation of voter 1585a 

Interfering with elections — penalty 1588, 1585a 

Jailer — time of election 1519 

vacancy in office — how filled 1526 

Judge, circuit — time of election 1518 

vacancy in office — how filled 1522 

-County — time of election 1519 

vacancy in office — how filled 1529 

Court of Appeals — time of election 1520 

vacancy in office — how filled 1522 

Justice of the peace — time of election 1519 

vacancy in office — how filled 1527 

Keys to ballot boxes 1482 

Lieutenant Governor — time of election 1516 

vacancy in office — how filled 1523 

Limitation of prosecutions 1595 

Liquor — sale on election day 1575 



KENTUCKY ELECTION LAWS. 89 

GENERAL PROVISIONS— Continued- 
Municipal election 1441-45 

Nomination by party 1453-7 

Oath to voter 1477a 

Officers of election — 

appointment and qualification 1596a 

compensation 1541 

definition of 1442 

disobedience of 1576 

duties 1469-73, 1476-77a, 1482-84 

interfering with 1585a 

notice of appointment 1596a 

oath to be taken by 1596a 

removal of 1596a 

sheriff to notify 1596a 

voters may elect — when 1596a 

Officers not provided for — time of election of 1520 

Pasters to use in ballots 1464 

Pencils — clerks to furnish 1471 

Petition nominating candidate 1453-4 

filing and preservation of 1454-7 

Personating a voter — penalty 1572 

Petition nominating candidate 1453-7 

Poll books — altering — penalty 1581 

Poll tax — payment in town elections before voting 1441 

Polls — persons not voting to keep from 1470 

Precincts — creation of — altering 1443-4 

change of voting place 1443 

numbers of voters in 1443 

Presidential electors — meeting 1543 

compensation — payment 1545 

time of election of 1514 

vacancy — how filled 1544 

Prisoner — disfranchised 1439 

Proclamation for election 1523 

Public measure — how voted for 1459 

Receipts for boxes 1465 

Residence of voter — how determined 1478, 1480 

Resignation — to whom tendered 1530 

Representative at polls — candidate may have 1481 

School election — provision as to 1446 

Sealing wax — clerks to furnish 1465 

Seamen — when not to vote 1440 

Secretary of State— duties concerning, 1453, 1456, 1457, 1458, 1462 

time of election 1516 

vacancy in office — how filled 1522 

Senator, United States — election of 1546 



90 KENTUCKY ELECTION LAWS. 

1. GENERAL PROVISIONS— Continued- 

certificate of election to 154J£< 

vacancy in office — how filled 1547-8 

Sheriff— duties of 1449, 1451, 1467, 1484, 1596a. 

penalty for failing to perform 1578 

person who may act in place of 1451 

powers of 1438 

I time of election of 151& 

vacancy in office — how filled 1526 

Soldiers — when not to vote 1440 

j Stamps — clerk to furnish 1465 

Stencils — clerks to furnish and distribute, 1465, 1471 

Stubs — clerks to furnish 1461 

secondary retained 1472 

Superintendent of Public Instruction — time of election ....1516 

vacancy in office — how filled 1522 ; 

Superintendent of schools — time of election 151S> 

vacancy in office — how filled 1526 ■ 

Surveyor — time of election 1519 

vacancy in office — how filled 1526 

Testimony to convict of offenses against 1593-4 

Tie vote — how determined by State Board 1596a 

district board — how determined by 1596a 

Town in two counties — provision for election 1445 

Treasurer, State — time of election 1516 - 

vacancy in office — how filled 1522 

Voters — qualifications of 1439-40 

arrest — when exempt from 4568 

challenging — manner of 1477 

intimidating 1585a 

number of in precinct 1443 

residence — citizenship — how determined 1478-80 

Votes — counting of 1482 

Voting places — change in 1443-4 

sheriff to provide 1467 

manner of 1471-2 

person not on ballot — for 1471 

Withdrawal of candidate 1458-64 

Witnesses before grand jury 1593 

Writs" of election — who to issue 1523-& 

2. BALLOTS— 

Ballot— secret 1446 

Ballot boxes — how provided and paid for 1468, 1482 

destroying — penalty 1573 

election officers — duty concerning 1468 

tampering with 1585a 

Book— to be bound in 1461 

Candidates name on 1453, 146C » 



KENTUCKY ELECTION LAWS. 9 J 

2. BALLOTS— Continued- 

Clerk, county— duty 1453, 1457a, 1460 

Distribution of 1465 

Defacing — penalty 1476 

Destroying — penalty 1573 

Device on 1453 

Form of 1460 

Marking — penalty 1476, 1570 

Mutilated 1482 

Not voted returned 1473 

Number of 1462, 1465- 

Officer not to deposit 1476 

Pasters to put on 1464 

Payment for 1452 

Printer selling — penalty 1463 

Printed, to be 1462 

Printing and delivery of 1452 

Shown 1474 

Spoiled 1473 

Tampering with 1585a 

Uncounted 1482 

Unused 1482a 

Voting — manner of 1471-4 

3. CONTESTED ELECTION— 

False swearing in — penalty 1176 

General Assembly — member of 1532 

Governor and Lieutenant Governor 1596a 

Local option — provision for generally 1596a 

4. ELECTION COMMISSIONERS— 

State and County 1596a 

appointment and qualifications 1596a 

district board — who compose 1596a 

duties — powers — compensation 1596a 

election officers appoint by 1596a 

election returns canvassed by 1596a 

Secretary of State Board 1596a 

salary of commissioners 1596a 

6. PENALTIES— 

Ballots — printer selling 1463 

defacing or marking 1476 

destroying 1573, 1581 

disclosing how marked 1569, 1571 

having out of room 1566 

marking 1476, 1567 

tampering with 1585a 

wrongful removal of 1567 

Ballot boxes — injuring 1573 

Booths — injuring 156& 



92 KENTUCKY ELECTION LAWS. 

5. PENALTIES— Continued- 

Bribery — punishment for 1586-7 

Certificate of election — refusal to give 1582 

Corporation interfering 1574-74a 

County clerk — against 1457a, 1462-62a 

Electioneering near polls 1569 

Employes — refusing time to vote 1574 

False swearing or subornation of 1477a, 1589-90 

as to illiteracy, blindness, disability 1475 

Intimidating voter 1585a 

Interfering with elections 1588 

Limitations of prosecutions 1595 

Liquor selling on election day 1575 

Officer of election — refusing to obey 1576 

violation of duties by 1477a 

canvassing board — acting corruptly 1580 

Personating voter 1572, 1585 

Poll books — altering or destroying 1581 

Primary election — altering returns of 1562 

offense against 1552 

registration books — altering 1556-7 

Printer violating law 1463 

Registration — illegal 1503 

interfering with 1505 

books — destroying 1504 

false 1500 

Repeating 1585 

Secretary of State 1462 

Showing ballot 1569 

Stealing election supplies 1465 

Vote — receiving illegal 1583 

Voter— not qualified 1584-5 

leaving room with ballot 1473 

6. PRIMARY ELECTIONS— 

Application of law 1565 

Ballots — printing of 1564 

Candidate's name — how placed on books 1561 

Challenge of voter 1559 

Challenger and inspector 1565a 

Committee may order 1553 

vote counted by — oath of 1563 

Contested election 1563 

Counting votes 1563 

Definition of 1550 

Expenses of — how paid 1564 

Manner of conducting 1551 

Offenses against 1552 

Officers of election 1560 



KENTUCKY ELECTION LAWS. 93 

6 PRIMARY ELECTIONS— Continu ed— 

Qualification of voters 1554 

Registration of voters 1555 

books concerning 1556-8 

Returns of election to committee 1562 

alteration — penalty 1562 

Tie vote — how decided 1563 

Voter — qualifications of 1554 

challenging 1559 

7. REGISTRATION— 

Additional registration 1491 

Alien may register 1492 

Books— duty of clerk concerning 1489 

copies of — custody of 1494 

delivery of to officers 1502 

Challengers to voters 1488, 1499 

Clerk, county — compensation of 1506 

Compensation of officers 1506 

County clerk may register persons 1499 

County court may strike name from book 1501 

Doubtful voter — "marking" 1501 

Expenses — how paid 1506 

Officers of registration— duties 1486-88, 1493 

Penalty for false 1500 

Penalty for violations of law 1503-5 

Precincts — removal from 1497 

Primary election in 1555-8 

Removal of candidate 1558-64 

Repeating — penalty 1585 

Sickness or absence — time to register 1498 

Special registration 1495-6 

Time to register 1490 

Voting place outside of town — provision for 1486a 

8. VACANCIES— 

Attorney for Commonwealth — how filled 1528 

Circuit clerk— how filled 1528 

County officers in— how filled 1526-7 

judge — how filled 1529 

; Generally— how filled 1522-3 

General Assembly in 1524 

Governor — in office of 1525 

Justice of the peace 1527 

Presidential electors in 1544 

Senator United States 1547-8 

State officers generally 1522-3 

Vacancy — meaning of word 1521 



'94 KENTUCKY ELECTION LAWS. 

.ELECTORS, PRESIDENTIAL— 

Compensation of 1545 

Meaning of 1543, 1596a 

Time of election 1514 

Vacancy in — how filled 1544 



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